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Introduction

The process of mediation has certain key elements that are integral in relation to ensure the effectiveness of the process. The three main elements are the concepts of neutrality, intervention and control. This research paper focuses on the issues that arise in relation to these concepts and the ways in which those issues should be addressed.

Neutrality

Neutrality is a concept that has significant relevance and importance in relation to the process of mediation. Neutrality refers to the notion of not taking side of one argument or supporting the opinion of one party1. It is an integral part of the process of mediation and suggests that a third party involved in facilitating the communication between parties in dispute, in the process of mediation, should be neutral2. This suggests that the mediator or the third party in the dispute should not be supportive towards one party or should not give the implication that he or she is more convinced by the argument presented by either side. The sole purpose of the third party is to facilitate the communication between two parties who are in dispute so that they can come out with an outcome that is suitable for both of them, rather than to provide his or her opinion in relation to the dispute3.

The concept of neutrality seems very simple in theory however in practice there are many issues that arise while it is considered that mediators should be neutral. The first and very basic issue in relation to neutrality is the fact that in practical terms it is not possible for an individual to be completely neutral as every human being has a perception and prejudice4. Therefore in the process of mediation it is not possible for a mediator to not being able to comprehend the cause o...

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...hich would lead to a favorable outcome for both parties26. Hence it is essential for a mediator to make sure that the mediation is not controlled to an extent that the parties cannot even effectively carry out their discussion.

Thus controlling the process of mediation also raises certain issues that need to be addressed in order to ensure the effectiveness of mediation.

Conclusion

Hence the concepts of neutrality, intervention by the mediator and the control of mediator over the process of mediation are very significant in terms of the effectiveness of the mediation process. There are many issues that arise in relation to these concepts and it is essential to address these issues, in accordance with correct practice in mediation so that the process of mediation can achieve its purpose and effectively allow the parties in the dispute to reach a mutual agreement.
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