CODE OF ETHICS
PREAMBLE
This Code of Ethics applies to the CONCILIATORS of the Center for Alternative Dispute Resolution "Consensus". Its role is to create criteria with which to outline a framework guaranteeing the authority and professionalism of the conciliators; to strengthen the possibilities for achieving impartiality and quality of the alternative dispute resolution process; to raise public confidence in alternative methods of resolving legal disputes and in the Center for Alternative Dispute Resolution "Consensus".
The ethical rules aim to establish uniform, appropriate behavior of the CONCILIATORS in the process of considering and resolving disputes; to create standards for their behavior in society as professionals and individuals that justify the expectations of the parties who turn to the Center for Alternative Dispute Resolution to protect their rights.
SECTION І
Basic provisions
Art. 1. (1) In carrying out their activities, CONCILIATORS are independent and are obliged to act honestly and impartially, subject only to the Constitution, international treaties to which the Republic of Bulgaria is a party, European Union law, national laws, secondary regulatory acts and the norms of justice.
(2) CONCILIATORS shall observe the rules of conduct in their professional activities, in the spirit of the cause to which they have dedicated themselves, with honesty, dignity and a sense of satisfaction from the duty performed.
(3) It is inadmissible for CONCILIATORS to have any personal interest in the outcome of the disputes in the consideration and resolution of which they participate.
Art. 2. To avoid any doubts regarding the independence and impartiality of the CONCILIATORS, it is inadmissible:
The appointment and consideration of a case/dispute by a CONCILIATOR, if the same is a person who is a party to the case/dispute, a representative of a party to the case/dispute, a relative or legal representative of a party to the same case/dispute.
Participation in proceedings by a CONCILIATOR in cases where a representative of one of the parties and a CONCILIATOR work in the same company, law firm or other form of association of lawyers and/or traders and/or members of the governing bodies of non-profit associations;
Participation of a CONCILIATOR in proceedings when they are related by family ties to the same decision-making body;
Participation of CONCILIATORS who, at least 3 years before their appointment, have provided legal advice to a party to the case/dispute;
Participation of CONCILIATORS who were witnesses, private appraisers or experts in the same case/dispute;
Participation of CONCILIATORS who have common rights, common obligations or other common interests in connection with an assigned activity under employment or consulting legal relationships with a party to the case/dispute or its representatives;
SECTION II
Rules for professional conduct of CONCILIATORS
Art. 3. (1) Upon accepting their election or appointment, CONCILIATORS are obliged to disclose all circumstances that, in a good faith and objective assessment, could raise doubts about their independence and impartiality.
(2) CONCILIATORS have the obligation under the previous paragraph also in cases where the circumstances that may raise doubts about their independence and impartiality occur after their election/appointment as such.
(3) Upon acceptance of the mandate, as well as upon subsequent occurrence of circumstances related to the independence and impartiality of the CONCILIATORS, they shall complete a declaration of independence and impartiality, which shall be brought to the attention of the parties to the case/dispute.
(4) Violation of the obligations under this Article shall be qualified as failure to comply with the Code of Ethics, even when the undeclared circumstances do not justify the disqualification of the CONCILIATORS.
Art. 4. CONCILIATORS shall accept the choice of the parties or an official appointment only if they are certain that they meet the following requirements and the following conditions are met:
They are not in a conflict of interest with a party to the case/dispute or persons related to it, which makes them fit to administer justice and decide the outcome of the case/dispute independently and impartially;
They have the knowledge, experience and competence necessary to assess the circumstances and evidence of the case/dispute, assess guilt and resolve the issues in dispute;
They have sufficient time to deal with the specific features, examine the evidence and circumstances of the case, and consider and issue a decision on the cases/disputes submitted to them for resolution within reasonable and beneficial terms for the parties.
Art. 5. (1) During the proceedings, the CONCILIATORS shall treat the opposing parties to the dispute as equals. The CONCILIATORS shall refrain from any words or actions that could raise doubts about their independence or impartiality.
(2) THE CONCILIATORS shall be patient and shall treat the parties, their representatives, witnesses and other participants in the proceedings with courtesy and due respect.
(3) During the examination of the case/dispute and before issuing an act concluding the proceedings, the CONCILIATORS shall refrain from any forms of contact with the parties to the case/dispute or their representatives that could raise reasonable doubts about their independence and impartiality.
(4) CONCILIATORS are obliged to show understanding and respect to their colleagues, secretaries and other employees of the Alternative Dispute Resolution Center of the Youth Alliance – Varna Association. They should refrain from unconstructive criticism of their work and not allow themselves to make personal assessments or qualifications.
(5) CONCILIATORS should perform their official duties in good faith, doing what is necessary to comply with the principle of speed of proceedings.
Art. 6. It is inadmissible for CONCILIATORS to accept any benefits or incentives (gifts, services, hospitality, engagement in other cases, engagement for work, services or consultations of persons related to the party and any other similar) from a party to the case, its representatives, including indirectly – through third parties.
Art. 7. CONCILIATORS shall not allow any external pressure, fear of criticism or any other form of influence to influence the formation of their final decision on the issues on which they decide in the course of the case/dispute and when issuing the final act of the proceedings.
Art. 8. (1) CONCILIATORS shall not disclose in any way information that has become known to them in connection with the consideration and resolution of the cases/disputes and shall keep the commercial and personal secrets of the parties.
(2) CONCILIATORS shall keep confidential the discussions of the members of the decision-making body on any issues related to the case/dispute.
SECTION III
Rules for personal conduct of CONCILIATORS
Art. 11. The personal authority of CONCILIATORS shall be part of that of the judicial institution on whose list they participate. THE CONCILIATOR:
does not allow indecent behavior in his/her personal life and public appearances;
complies with the requirements for the prestige of the profession;
does not use the name and authority of the Center for Alternative Dispute Resolution to satisfy his/her own interests or the interests of his/her relatives;
does not accept, personally or through another, services, gifts, loans or other incentives that may raise doubts about his/her integrity.
SECTION IV
Rules for conduct in public space
Art. 12. THE CONCILIATOR may contribute to the improvement of the legal order and the improvement of the legal environment in the Republic of Bulgaria by expressing opinions and participating in discussions related to changes in legislation; giving lectures, publishing generally popular and scientific works, participating in radio and television programs, etc., while ensuring compliance with these rules.
Art. 13. In his relations with public law bodies and institutions, with non-governmental organizations and the media, the CONCILIATOR is guided by criteria of reasonableness and a sense of responsibility and in all cases contributes to raising the prestige of the Center for Alternative Dispute Resolution "Consensus".
Art. 14. Violation of the rules of the Code of Ethics (depending on the severity of the specific violation) may lead to the CONCILIATOR being removed from the lists of the Center for Alternative Dispute Resolution "Consensus".
