Mediation is an alternative dispute resolution method in which the parties receive help from a third party to resolve their own disputes. In this process, the mediator’s impartiality and objectivity are essential in reaching fair and permanent solutions. In this article, we will examine the principle of impartiality and objectivity in mediation in detail.
What is Impartiality?
Impartiality means that the mediator acts impartially, without bias or conflict of interest towards any party. The mediator should listen to both parties equally, respect both perspectives and consider the interests of both. The mediator should not make decisions or express opinions in favor of or against any party.
What is Objectivity?
Objectivity means that the mediator looks at the incident objectively, regardless of their emotions, prejudices and personal opinions. The mediator should evaluate the information presented by the parties impartially, avoid emotional reactions and offer solution suggestions from a logical perspective.
Why is it important?
There are many reasons why the principles of impartiality and objectivity are important in mediation:
Builds Trust: An impartial and objective mediator inspires trust in both parties, which creates an environment of open and honest communication.
Provides a Fair Process: An impartial and objective mediator ensures that both parties are heard fairly and their rights are protected.
Produces Lasting Solutions: An impartial and objective mediator helps the parties create permanent and sustainable solutions based on their common interests.
Prevents Recurrence of Disputes: An impartial and objective mediator prevents recurrence of disputes by reducing tension between the parties and increasing mutual understanding.
How Can a Mediator Maintain Their Impartiality and Objectivity?
There are many things a mediator can do to maintain their impartiality and objectivity:
Education and Experience: Mediators should receive training and experience in ethical principles such as impartiality and objectivity.
Self-Scrutiny: Mediators must be aware of their own biases and conflicts of interest and prevent these situations from influencing the process.
Transparency: Mediators must clearly communicate their commitment to impartiality and objectivity with the parties.
Conflict of Interest: If mediators discover that there is a conflict of interest, they must disclose it to the parties and, if necessary, resign.
Comply with Professional Ethics: Mediators must comply with professional ethics and avoid behavior that may violate these rules.