31 Mar What can and cannot be done as a mediator?

Mediators are allowed to advertise their services, as long as it is respectful, truthful, and aligned with the ethical and regulatory principles of the profession. However, there are certain specific limitations, especially when it comes to public information sessions or court-connected mediations.

Relevant regulatory framework:

1. Law 15/2009 on mediation in the field of private law (Catalonia)
   • Article 13.2: In public information sessions referred by the courts, mediators are not allowed to advertise themselves. The aim of these sessions is to objectively inform about the mediation process, not to attract clients.
   • This seeks to preserve the neutrality of the service, ensure fair access, and avoid conflicts of interest.
2. European Code of Conduct for Mediators (2004)
   • Recommends cautious, truthful, and transparent advertising that does not mislead or create false expectations.
   • Comparative or disparaging statements about other professionals or institutions are not allowed.
3. Spanish National Law 5/2012 on mediation in civil and commercial matters
   • Although it does not specifically regulate advertising, it establishes principles of quality, impartiality, and transparency that should also guide any communication efforts.

What can a mediator do?

• Promote their services through websites, social media, brochures, etc.
• Participate in educational or outreach events, as long as there is no explicit commercial intent.
• Use testimonials or case examples (without personal data), always respecting confidentiality.

What is not allowed?

• Self-promotion or offering services during public or court-connected information sessions.
• Creating the impression that they are the only or best professional available.
• Offering services with misleading promotions or non-transparent pricing.