The Empty Idea of Mediator Impartiality

Research output: Contribution to journalArticleResearchpeer-review

Abstract

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.
Original languageEnglish
Pages (from-to)273-280
Number of pages8
JournalAustralasian Dispute Resolution Journal
Volume29
Publication statusPublished - 2019

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Impartiality
Mediator
Criticism
Neutrality
Guidance
Codes of Conduct
Jurisdiction

Cite this

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title = "The Empty Idea of Mediator Impartiality",
abstract = "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.",
author = "Jonathan Crowe and Field, {Rachael M}",
year = "2019",
language = "English",
volume = "29",
pages = "273--280",
journal = "Australasian Dispute Resolution Journal",
issn = "1441-7847",
publisher = "Lawbook Co.",

}

The Empty Idea of Mediator Impartiality. / Crowe, Jonathan; Field, Rachael M.

In: Australasian Dispute Resolution Journal, Vol. 29, 2019, p. 273-280.

Research output: Contribution to journalArticleResearchpeer-review

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AU - Field, Rachael M

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AB - 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.

M3 - Article

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