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Last updated: April 2025 · Applicable to all mediators registered on Médiateurs.ma
1. Preamble and Purpose
Mediation is a voluntary and confidential process through which a neutral, independent, and impartial third party — the mediator — helps disputing parties reach a mutually acceptable solution, without imposing any decision on them.
This Mediation Charter defines the ethical, professional and deontological principles that every mediator registered on Médiateurs.ma undertakes to observe in the exercise of their mission.
It is based on the Code of Ethics for Mediation as defined by Moroccan professional bodies (CMAP, CNMA, IMI) and international standards (European Code of Conduct for Mediators, UNCITRAL Best Practices Guide).
Acceptance of this charter is a prerequisite for registration and for maintaining an active profile on Médiateurs.ma.
2. Neutrality and Impartiality
Core principle
The mediator takes no side. The process is conducted fairly and without favouritism.
- Treat each party with equal attention, respect and rigour throughout the process.
- Refrain from expressing personal opinions on the merits of the dispute or either party's position.
- Decline any mission where neutrality cannot be guaranteed (personal ties, financial interests, pre-formed opinions).
- Immediately disclose any circumstance that may affect impartiality and, if necessary, withdraw from the case.
3. Independence
Core principle
The mediator acts with full independence, free from any external pressure or influence.
- No remuneration, benefit or commission may be received from one party without the knowledge of the other.
- Any potential conflict of interest must be disclosed as soon as it is known, before or during mediation.
- The mediator may not act as adviser, representative or attorney for a party in a dispute related to a mediation they have conducted.
- Independence must not be compromised by career, reputational or financial considerations.
4. Confidentiality
Core principle
Everything said, written or shared within a mediation process is strictly confidential.
- No information obtained during mediation may be disclosed without the express consent of both parties or a compelling legal obligation.
- Documents, communications and proposals exchanged may not be used in subsequent legal proceedings without the parties' agreement.
- The mediator may not be called as a witness in legal proceedings relating to the mediated dispute.
- Confidentiality extends to the very existence of the mediation, unless otherwise agreed.
- This obligation is perpetual and survives the closing of the mediation.
5. Professional Competence
Core principle
The mediator only accepts cases for which they have the required skills and expertise.
- Only accept missions matching declared specialisations (commercial, family, real estate, social, etc.).
- Maintain and develop competencies through continuous professional development.
- Inform parties of relevant qualifications, certifications and experience at the outset.
- If complexity exceeds competencies, direct parties to a more qualified mediator.
- All certifications and diplomas displayed on the profile must be genuine and verifiable at any time.
6. Consent and Voluntary Participation
Core principle
Mediation is entirely voluntary. No party can be compelled to participate or to accept an agreement.
- Ensure each party participates freely and with full knowledge.
- Clearly explain the process, its principles and its limitations before starting.
- Ensure no party is under pressure or in a situation of vulnerability that would compromise informed consent.
- Any party may withdraw at any time and without justification.
- The mediator may terminate the mediation if conditions for a fair process are no longer met.
7. Fee Transparency
Core principle
The mediator clearly communicates fees and payment terms in advance.
- Fees are agreed before the mediation begins and accepted by all parties.
- No additional fees may be claimed without prior agreement.
- All payments are processed exclusively through the Médiateurs.ma platform. Direct payment outside the platform for cases initiated via Médiateurs.ma is prohibited.
- The mediator does not make the quality of their service contingent on the fee amount.
8. Non-Discrimination
Core principle
The mediator treats all parties equally, without distinction or prejudice.
No discrimination based on:
- Ethnic, national or social origin;
- Sex, gender identity or sexual orientation;
- Religion, beliefs or political opinions;
- Age, disability or health status;
- Economic situation or level of education.
9. Diligence and Deadlines
Core principle
The mediator conducts mediation promptly and in accordance with agreed timelines.
- Respond to messages and requests from parties within 48 working hours.
- Set realistic deadlines and adhere to them.
- In case of unavailability, immediately inform the parties and propose a continuity solution.
- Do not leave a case without follow-up for more than 7 days without communicating with the parties.
10. Integrity and Probity
Core principle
The mediator acts with honesty, uprightness and strict compliance with the law.
- Do not mislead parties about qualifications or past outcomes.
- Do not derive any personal benefit from the mediation beyond agreed fees.
- Do not establish personal, commercial or affective relations with a party during or after mediation.
- Report any fraudulent or abusive behaviour to Médiateurs.ma.
11. Obligations Toward the Platform
- Keep the profile up to date (contact details, certifications, availability).
- Treat clients with courtesy and professionalism in all communications.
- Respond to mediation requests within a reasonable timeframe.
- Not use client data obtained via the platform for purposes other than mediation.
- Comply in full with the Médiateurs.ma Terms and Conditions.
- Inform Médiateurs.ma of any change affecting professional qualifications or status (disbarment, suspension, conviction).
12. Sanctions and Discipline
Any breach of this charter may result in, depending on severity:
- Warning: for minor or first-time breaches.
- Temporary suspension: profile deactivation for a defined period.
- Permanent suspension and profile deletion: for serious breaches (fraud, confidentiality violation, false qualification claims).
- Referral to professional bodies: for serious ethical breaches (CMAP, CNMA, judicial authorities).
Médiateurs.ma reserves the right to investigate any report and apply these measures after an adversarial process, except in emergencies.
13. Mediator's Commitment
By registering on Médiateurs.ma and accepting this charter, the mediator declares:
- Having read, understood and unreservedly accepted all principles of this Mediation Charter;
- Committing to uphold them in all missions conducted through the platform;
- Acknowledging that failure to comply may result in suspension or deletion of their profile;
- Certifying that all information on their profile is accurate, complete and up to date.
Ethics contact: For any report or question regarding this charter, write to deontologie@mediateurs.ma