S.L. 378.19 ст. 7Expertise, independence and impartiality.

(1) The ADR officers in charge of the ADR process shall be appointed by the Minister. A person shall not be qualified to be appointed as ADR Officer unless he holds the warrant and has practised as an advocate in Malta for a period or periods amounting in the aggregate to not less than five years.

(1A) A person shall be disqualified to be appointed ADR officer if such person –

(a) is a member of the House of Representatives; or

(b) is a member of a Local Council; or

(c) is a trader; or

(d) is an undischarged bankrupt; or

(e) has been sentenced by any court to imprisonment for any term or has been found guilty by any court of any of the crimes in Titles III, V or VI of Part II of Book

First of the Criminal Code.

(2) The ADR officers shall receive such remuneration as the Minister may by notice in the Gazette determine; and such remuneration shall be a charge on the Consolidated Fund; such remuneration shall not during the tenure of office of an ADR officer be altered to his disadvantage.

(2A) During the term of their appointment, ADR officers shall be precluded from the exercise of their profession in any ADR process whether residual or otherwise.

(2B) The ADR officers shall be appointed for a term of three years and shall be eligible to be re-appointed, for a further term or terms of three years each.

(2C) Every person appointed as an ADR officer shall not assume the duties of his office unless and until he has taken before the State Advocate an oath to exercise his functions in the ADR processes for which he is in charge, without delay, and with impartiality and equity according to law.

(3) In the exercise of his functions under this regulation, an ADR officer shall not be subject to the control or direction or instructions of either party or their representative or of any other person or authority, and may not be removed from office except by the Court of Appeal on an application for that purpose by the Minister on the grounds of misbehaviour or inability to perform his functions by reason of infirmity of body or mind.

(4) The ADR officers shall assist the parties to reach a resolution that is timely, fair and cost-effective.

(5) The ADR officers may, in conducting the ADR process, refer to codes of conduct, legal provisions and relevant jurisprudence, and may use as a basis for the dispute resolution, considerations of equity and fairness.

(6) The ADR officer in charge of the ADR process shall disclose to the CCD any circumstances that may or may be seen to affect his independence and impartiality or give rise to a conflict of interest with either party to the dispute he is asked to resolve. The obligation to disclose such circumstances shall be a continuing obligation throughout the ADR procedure: Provided that the ADR officer shall be allowed to continue the ADR process if the parties have not objected after they have been duly informed of the circumstances and their right to object.

(7) Without prejudice to the provisions of the preceding sub-regulation, an ADR officer shall abstain from assisting the parties to reach a resolution to their dispute:

(a) if he is the spouse of any of the parties or if he is related to any of the parties by consanguinity or affinity in the direct line up to any degree or in the collateral line up to the degree of cousin inclusively;

(b) if he is the tutor, curator, or presumptive heir of any of the parties;

(c) if he is or has been the agent of any of the parties;

(d) if he is the administrator of any establishment or partnership involved in the ADR process; or

(e) if he has or might have a personal interest in the outcome of the ADR process.