COMPARATIVE ANALYSIS OF PROFESSIONAL ETHICS OF A NOTARY AND A MEDIATOR

Abstract

The article presents a comparative analysis of the professional ethics of notaries and mediators in the context of the development of the institution of notarial mediation. The peculiarities of moral and ethical requirements for representatives of both professions are examined, taking into account differences in their legal status. The specifics of normative regulation of notaries’ professional ethics, characterized by a centralized approach with the approval of nationwide standards, and mediators, where self-regulation through professional associations prevails, are considered. Common ethical principles (independence, impartiality, confidentiality) and different mechanisms of their implementation in practical activities are identified. The dualistic nature of the notary’s status and its influence on the formation of ethical standards is analyzed. The role of the mediator as an independent facilitator of communication between parties in conflict is examined. The features of liability for violations of ethical norms in both professional communities are revealed. The system of disciplinary responsibility of notaries and self-governing mechanisms for controlling the ethical behavior of mediators are characterized.The necessity of developing a special ethical code for notaries-mediators is substantiated.It is proven that a mechanical combination of existing ethical requirements is insufficient for the effective functioning of the new institution. Six key principles are proposed for inclusion in such a code: enhanced guarantees of impartiality considering the notary’s public-legal status, balanced adherence to legality while ensuring procedural flexibility, comprehensive accessibility of services for all categories of citizens, additional guarantees of voluntary participation given the notary’s authority, special mechanisms for protecting confidentiality in documenting mediation results, and awareness of dual responsibility – to the law and to the parties in dispute.Practical aspects of implementing each principle and possible mechanisms for their realization are examined. The need for ethical regulation of interaction between notaries-mediators, service advertising, and creating a system of disciplinary responsibility for ethical violations is outlined.The importance of developing ethical foundations for notarial mediation is substantiated as a necessary condition for improving the quality of legal services and strengthening public trust in this new legal institution.