Should a Mediator Be Neutral?
Journal of American Arbitration, Vol. 4, 2005
12 Pages Posted: 12 Apr 2006
A mediator facilitates discussion and problem-solving among disputing parties. Some believe that the mediator best serves by parties by providing advice and counsel regarding how matters could or should be resolved, or insuring that mediated outcomes comport with public standards or the public interest; this author rejects that suggestion, contending that a mediator must be neutral in order to fairly serve all participants. He argues that mediation is a social practice with a dominant goal of insuring that a party's dispute resolution experience comports with justice principles; the only intervener posture that secures that goal, he maintains, is one of neutrality. Hence, while neutrality is a derivative value in the mediation process, it is essential.
Keywords: Dworkin, Hart
JEL Classification: K40, K41, K49
Suggested Citation: Suggested Citation