The Empty Idea of Mediator Impartiality

Mediator neutrality has attracted significant criticism in recent decades. Some authors, such as Laurence Boulle, have suggested that these criticisms can be avoided by focusing instead on mediator impartially. This shift is now enshrined in mediator codes of conduct in several jurisdictions, including Australia. This article argues that mediator impartially fails to provide a traditional problems of mediator neutrality or offers mediators and parties little practical guidance in understanding the mediator's ethical role. In either case, the notion of mediator impartiality itself is effectively empty, meaning it cannot supply a solid foundation for ethical practice.