Wisely Choosing a Mediator: Mediator Impartiality
My last several posts have discussed factors a lawyer or party should consider in selecting a great mediator. Today, I'd like to talk about mediator impartiality. I have discussed this topic, one of the core values of mediation, in a much lengthier law review article: Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, 11 Pepp. Disp. Resol. L. J. 309 (2011). You should be able to download it here . Greg Firestone, a Florida mediator, spoke about mediator impartiality at the October 2003 conference of the Association for Conflict Resolution. He suggests you think about these issues along two dimensions that create four quadrants on a grid. One side of the grid are the terms “parties” and “outcome.” On the other side of the grid are the terms “relationship” and “conduct.” The resulting four quadra