What Is The Four Key Elements Of Neutrality In Mediation

Despite the lack of clarity concerning neutrality in the field of mediation, there are four key elements of neutrality that are discernible: (1) no conflict of interest; (2) process equality; (3) outcome neutrality; and (4) lack of bias, prejudice, or favoritism toward any party. With these elements in mind, at it’s minimum, mediator neutrality should be understood as the mediator having no monetary interest in the case at hand, no undisclosed relationships to the parties, and no possibility of personal gain. The element of neutrality that should be emphasized the most is the mediator’s duty to “avoid bias, prejudice, or favoritism toward any party.” The Moral Standards of Conduct for Mediators reinforce this element by stating; “A mediator

Although neutrality may be hard to embrace and biases hard to overcome, it does not mean that it is impossible to accomplish. In fact, biases can be monitored and neutrality can be achieved through internal reflection as well as emotional and intellectual growth. Additionally, achieving neutrality rests upon the mediator’s perception of neutrality. Regardless, achieving neutrality should be an ethical ambition for all mediators. The ambition to act ethically is a desired objective in all mediations that is directly connected with a mediator’s skill to adapt and change when challenged with a party’s values or beliefs that are contrary to their own. In other words, mediators should remain flexible in their style and approach while working toward achieving perfection of practice with regard to neutrality and bias. Unlike judges, mediators do not have the authority to deliver binding judgments. Nevertheless, they may have significant influence on not only the lives of those involved in the mediation but also individuals affected by the settlement. The actions, judgments, strategic choices, and interactions of a mediator with the disputants in mediation have an undeniable impact in relation to the dispute at hand as well as the results of the mediation