PANELIST CODE OF CONDUCT

All panelists must comply with this code of conduct, which aims to ensure that users of mediation, arbitration and other services receive the highest quality of service at all time.

1. Integrity & professionalism
   
   
   • Panelists must:
   • 1.1. conduct all processes professionally;
   • 1.2. act with the utmost good faith, honesty and integrity towards parties to a dispute, fellow panelists and the Centre;
   • 1.3. remain impartial when conducting a process;
   • 1.4. act within their terms of reference or, where relevant, the terms of an agreement applicable to the matter;
   • 1.5. adhere to the law;
   • 1.6. when a case is beyond their competence or current capacity, decline appointment, withdraw or request technical assistance;
   • 1.7. not delegate their appointment to any other;
   • 1.8. not contact a party or its representative directly while handling a matter without the presence or consent of the other party. Without such consent, contact with parties must be through the case management agency;
   • 1.9. always be punctual and avoid unnecessary delays.
   
   
2. Avoiding conflicts of interest
   
   
   • 2.1. A panelist should decline appointment or recuse him or herself if a reasonable perception of bias exists on the part of any party to the dispute.
   • 2.2. If the panelist has any interest in a matter, or has a relationship with a party to the dispute, professional or otherwise, he/she must immediately disclose this to the case management agency.
   
   
3. Confidentiality
   
   
   • 3.1. All proceedings must be treated as confidential. The proceedings and outcome of all processes and related documentation will remain confidential, unless all the parties to the process agree otherwise in writing, or disclosure is ordered by a court of law.
   • 3.2. Information disclosed to the panelist in confidence by a party during the course of mediation should be kept by panelists in the strictest confidence and should not be disclosed to the other party or to third parties unless express permission is obtained for such disclosure from the party concerned.
   • 3.3. Panelists should not give press statements unless all parties to the process give such permission in writing.
   
   
4. Removal of panelists
   
   
   • 4.1. Any panelist may be removed or suspended from the panel at the discretion of the Centre if
     • 4.1.1. he/she breaches this Code of Conduct;
     • 4.1.2. refuses to comply with the administrative, financial and other procedures of the Centre;
     • 4.1.3. the panelist's reputation is severely compromised through misconduct or poor performance as a panelist or through their broader professional work.
   • 4.2. A panelist will be given a prior opportunity to provide reasons in writing why he or she should not be removed or suspended from the panel.
   • 4.3 The Centre may communicate reasons for withdrawal of a panelist’s membership to interested parties and institutions in South Africa.
   
   
5. Interaction with Centre staff
   
   
   • Panelists are not entitled to use the Centre’s administrative and secretarial infrastructure. Interaction with staff of the Centre should be professional.
   
   
6. Service on panels of other dispute resolution bodies
   
   
   • Members of the panel are not prevented from also serving on the panels of other statutory or private dispute resolution bodies.
   
   
7. General
   
   
   • 7.1 Panelists should continuously seek to upgrade their skills and knowledge;
   • 7.2 In an event of the appointment of more than one panelist for a process, panelists must work together as a team and afford each other a full opportunity to participate in proceedings.
   • 7.3 The Centre does not provide or guarantee work for panelists.
   • 7.4 As a general rule, panelists should attempt to resolve a dispute within a day or less.