Ethical Principles of the Honduran Chamber of Commerce and Industries
- Category: Administrative
- Type: Other
Summary
This document sets ethical standards for conciliators at the Tegucigalpa Chamber of Commerce Conciliation and Arbitration Center. It requires conciliators to act with impartiality, independence, and confidentiality, respecting the parties' autonomy to resolve their conflicts peacefully through dialogue.
Articles
Conciliators shall act with diligence, efficiency, effectiveness and impartiality, always seeking a resolution of the conflict in accordance with the will of the parties, their interests and motivations.
The Conciliator shall only accept his appointment when he has a clear awareness that in the specific case he will be able to:
- a)
Act with impartiality.
- b)
Dedicate the time and attention that the parties have the right to demand.
- c)
Possess the knowledge required by the case. The Conciliator shall in no case contact the parties to suggest or force his appointment.
The determining elements to establish that there is independence and impartiality shall be at least the following:
- a)
The absence of family, friendship, business or other analogous ties between the conciliator and the parties.
- b)
The conciliator having no interest that could derive from the results of the agreement.
- c)
The conciliator having no professional relationship with any of the parties.
The Conciliator appointed for a specific case shall declare himself disqualified in the following circumstances:
- a)
If he has family, friendship, business ties or interest with the parties.
- b)
If he has a prior concept about the dispute and in some way has a formed opinion regarding a possible resolution thereof.
- c)
If he has any emotional, moral or material interest in relation to the outcome of the dispute.
- d)
If he considers that he has limitations in knowledge or time that prevent him from contributing efficiently to the resolution of the conflict.
The Conciliator must promote the parties' awareness of their commitment to conciliation, their capacity as persons, and the benefits of achieving self-composition of the conflict. To this end, he shall:
- a)
Respect the parties as dignified and intelligent persons with capacity to negotiate and decide, giving them openness to welcoming, tolerant and dialogue attitudes.
- b)
Provide the parties with clear information about conciliation, the benefits of the mechanism and the scope of their rights and obligations within the agreement.
- c)
Always bear in mind that the most important element within the agreement is the will of the parties, their convenience and their interests, avoiding impatience or seeking hasty agreements.
The conciliator has special duties as an expert in the handling of technique and as a person directing a human process of inter-relationship, which may be specified as follows:
- a)
The conciliator must promote trust between the parties and respond to them with good faith, impartiality and efficiency.
- b)
The conciliator must be clear that dialogue between the parties is the only valid procedure to reach an agreement. Therefore, the proper conduct of dialogue shall be his constant concern.
- c)
The conciliator shall have no interest other than that of the parties in the conflict.
- d)
The Conciliator must place at the disposal of the matter entrusted to him all the skills inherent to his profession, technical knowledge and experience, and all his humanistic abilities, to conduct the proceedings with the greatest effectiveness.
- e)
The Conciliator shall inform the parties about the nature, regulations, and characteristics of conciliation, the meaning of his functions, the role they play, ensuring their understanding and consent.
- f)
The conciliator shall conduct the proceedings in an impartial and balanced manner with respect to the parties, free of prejudice or favoritism. Consequently, he shall not be inclined to practice, facilitate or collaborate with discrimination and favoritism on grounds of race, religion, nationality, marital status, sex or other analogous factors.
- g)
The Conciliator shall inform the parties about other Alternative Methods of Conflict Resolution when it is advisable.
- h)
The Conciliator shall maintain the professional confidentiality required by confidentiality.
To be able to act as a Conciliator of the Conciliation and Arbitration Center of the CCIT, the following requirements and characteristics must be met:
- •
Have a clear sense of justice
- •
Believe in conciliation as a means to peacefully resolve conflicts.
- •
Strengthen broad awareness and sensitivity, in keeping with the humanistic function.
- •
Have the capacity to constantly review and update one's personal paradigm, to adapt attitudes, positions and beliefs in favor of conciliation.
- •
Be an agent of cultural change, contributing to the transition from a litigation culture to a culture of peaceful coexistence.
- •
Have the capacity to give real and practical meaning to the civic values that characterize democracy and pluralism: solidarity, dialogue, respect, individual freedoms and the common good.
- •
Be trained, in accordance with the center's requirements, in the handling of Conciliation techniques.
- •
Be trained, in accordance with the center's requirements, in the handling of Negotiation techniques.
- •
Meet the other requirements that the law or regulations require.
These ethical principles govern Conciliators, but in aspects that prove procedurally appropriate and relevant, they shall be applied by arbitrators, arbitration tribunal secretaries and in general by all officials of the Conciliation and Arbitration Center of the CCIT.
Related laws
- Regulations of the Chamber of Commerce and Industries of Tegucigalpa — This regulation organizes the Conciliation and Arbitration Center of the Chamber of Commerce and Industry of Tegucigalpa, establishing how conciliation and arbitration work to resolve disputes. It defines the requirements, obligations, and sanctions for arbitrators, conciliators, and staff, ensuring that processes are fair, confidential, and efficient.
- Regulations of the Chamber of Commerce and Industry of Cortés - Current Version 02 May 24 (published in Official Gazette 04 May 2024) — This regulation organizes the Arbitration and Conciliation Center of the Chamber of Commerce and Industries of Cortés, a service that helps resolve conflicts between people or companies without going to court. It establishes how conciliation (direct agreement between parties) and arbitration (an arbitrator's decision) work, what requirements conciliators and arbitrators must meet, and what penalties apply if they fail to fulfill their obligations.
- Regulations on Conciliation and Arbitration of the Inter-American Chamber of Commerce — This law establishes the Conciliation and Arbitration Center of the Civil Engineers Association of Honduras (CCA-CICH) to resolve construction conflicts and other disputes through conciliation and arbitration, offering individuals and companies a faster alternative to courts. The Center appoints trained arbitrators and mediators, establishes clear procedures, and maintains confidentiality of proceedings.
- Regulations of the Central American Chamber of Commerce and Industries of Honduras — This regulation establishes how the Conciliation and Arbitration Center of the Cortés Chamber of Commerce operates to resolve commercial disputes. It defines two mechanisms: conciliation (where a neutral third party helps parties reach an agreement) and arbitration (where arbitrators make a binding decision). It benefits merchants and industrialists who need to resolve their disputes quickly, confidentially, and outside the courts.
- Reglamento — Normas Académicas de la Universidad Nacional de Agricultura