Impartiality and Neutrality in Mediation

Abstract

This paper explores the concepts of impartiality and neutrality in mediation. It draws on literature to define the terms and explores the impact they may have on the mediation process, the parties involved, and the challenge created for the mediator to implement these core principles in practice. It explores power imbalance in mediation and how the mediator risks their neutrality and impartiality by supporting a weaker party in the mediation process. It presents an alternative term from the literature, which describes the mediator as multi partial, as a possible alternative to address the lack of clarity currently experienced by mediators and bridge the gap between theory and practice.