Neutrality And Impartiality In The Mediation Process
Maher Hana
Australian Catholic University
Is it possible to maintain neutrality and impartiality when dealing with conflict in the mediation process? Use examples to support your view. Does the concept of mediator empowerment challenge the concept of mediator neutrality? In your answer distinguish between the concepts of neutrality and impartiality. What are the possible consequences for the mediation process if a mediator takes a minimalist intervention approach or if the mediator actively implements strategies to ensure that imbalances are addressed, that procedural fairness is maintained and fair and just outcomes are encouraged? The mediation process is a delicate situation…show more content… The emotions can either be that of the mediator or the disputants. In order to uncover any underlying issues, using a cautious approach, venting may be allowed at the beginning of the mediation session (Garcia, Vise, & Whitaker, 2002). To allow venting in the mediation process means risking the idea of impartiality because it may be seen as biased or unfair, hence the caution stipulation. As always, it is important for a mediator to review and examine each case to determine if there are any conflicts of interest, so that they are not emotionally affected by any issues raised during the mediation process, providing ample opportunity for neutrality and impartiality to work successfully (Taylor, 1997). If a mediator decides to use minimum intervention through the practice of a strict, neutral, facilitative stance, he or she would be seen as giving the opportunity to the disputant that has the greater power to negotiate a resolution that is best for their own interests (McCormick, 1997). Conversely, to ensure a fair and equal outcome for all parties involved, the mediator must possess a considerable amount of experience and practice before deciding to intervene in the mediation process (Bogdanoski, 2009). The mediator must also have the ability to identify imbalances of power which can elude even the most experienced mediator (Bogdanoski, 2009). Transformative mediation can be used
