All mediators should be subject to a code of professional conduct enforced by a disciplinary procedure, but the profession should not be regulated through legislation, the Chartered Institute of Arbitrators (CIArb) said at its mediation symposium last week.

The call comes ahead of a European Mediation Directive coming into force in May 2011 which requires states to encourage the development of voluntary codes of conduct for mediators.

CIArb’s director of legal services Tony Marks said a code of conduct was necessary to build confidence in mediators and the mediation process.

‘Despite growing use of mediation, there is still some reluctance and wariness of the process [among] lawyers,’ he said. ‘If all mediators were subject to a code of conduct, monitored and enforced by mediation accrediting bodies, it would help to give lawyers confidence in mediators and more certainty in the process, while still allowing mediators the flexibility and diversity which are the hallmarks of mediation practice.’

Meanwhile, Supreme Court Justice Lord Dyson told the symposium that European law means that member states can use compulsory mediation provided that they do not prevent parties from exercising their right of access to justice.

However, he added that he remained of the view he advanced in Halsey that forcing parties to mediate against their will would achieve nothing except adding to costs.