Article

Are Mediators Impartial?

Topic: Relationship AdvicePublished May 30, 2023

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Disputes, particularly those involving emotional baggage, require a third party to mediate. We approach church priests, lawyers, teachers, counselors or family therapists for family mediation. They are impartial to the parties involved and indifferent to the baseless accusations. Professional mediators too are trained to have impartiality as the main tenant of their profession. In cases of separation, people are highly suspicious of their partners. Mediators are well aware of this and are experienced in resolving the most complicated situations. The mere presence of a mediator changes the behavior of the couple. They are reasonable, balanced and emotionally in control when a third party is in the room. As part of their professional responsibilities, mediators work with couples in charting out a mutually amicable solution. They hold the discussions keeping in view the sensitivity of issues involved. In the process the couple will come to an agreement with an empathetic outlook.

How mediators keep themselves impartial?

Mediators are impartial by virtue of their training and experience. They bring all their experience into every session to make the mediation process as unbiased as possible. Mediators are also capable of allowing stepping back to allow other values and views to be considered. They co-mediate and observe many other mediators as part of their training. They come from different backgrounds, styles and characters but being non-judgmental is one common thing that is found in them. It is not because they are good people but because their profession is regulated by the Family Mediation Council and are obliged to abide by the Code of Practice. Therefore, they fearlessly offer information, ask question and guide parties as part of their professional responsibilities.

Challenges to impartiality:

Like any other profession, mediation too has its own set of challenges. Clients often think that mediators take decisions in a certain way. However, the fact remains that the mediators do not hold any preconceptions. They are supposed to have an open mind and hold every session with a neutral perspective. At times they may act as messengers in cases where mediation is held separately. It can send wrong signals of being impartial towards one of the partner. Mediators are not inclined towards any of the parties or their winning the case but only work towards amicable dispute resolution. This necessitates to always reminding the clients not to have such misconceptions. Mediators essentially explore options for their clients that work in their best interest. Sometimes, the parties do not understand why the mediator is not in a position to give opinion unless they see them in person. Clients tend to expect such favors. If mediators oblige, it will be completely against the principles of neutrality. Mediators do not and cannot talk to their clients outside the mediation room. Clients can only enquire about the details of process or booking the next session over phone and through emails. In case the mediator knows the client in person they have the obligation upon them to refuse the case. In any other case where the mediator discovers any affiliation or a possibility of not being unbiased, they can halt the mediation process.

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