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NEUTRALITY

Presented by Dr.S.Padma Ph.D., M.L.,


• Mediator neutrality is no doubt a core
element of mediation.

• Mediator neutrality would appear, by


definition, to be a necessary and required
ethical principle for all mediators to practice.
Confidentiality is at the heart of a mediation
session and is critcal to a successful
resolution.
The primary tenet in mediation is neutrality. As
a neutral, the mediator is charged with being
impartial throughout all communication and
involvement with the parties in the conflict.
• Neutrality is that overt act or those overt acts
of a mediator, which give reason to the parties
to believe that they can continue to have faith
in him.
• One very important (perhaps the most
important) principle of mediation states that the
process must be neutral and free from bias.

• The third party (mediator) is normally called the


'neutral third party' because the process places
the responsibility of neutrality on the mediator.
• Neutrality can only truly exist when there is no
prior relationship between the mediator and
any person involved in the dispute.
• Mediator /encourage the disputing parties to
develop a mutual understanding yet refrain
from influencing them unduly
Duty of Mediator to exclude any personal
opinions and beliefs from the mediation
process.
• The principle of neutrality is central to the
success of mediation.
• Parties come to the table with fear, anxiety
and a sense of urgency as a result of lack of
trust for each other and they turn to the
process for solace and solution as they show
confidence and belief in the mediator to help
salvage a desperate situation.
Thank you

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