How is mediator neutrality maintained?

Mediator neutrality is an important element of mediation law in California. It is a state law requirement that mediators remain impartial, meaning they must stay unbiased throughout the mediation process and not take sides. To maintain neutrality, mediators must not have any type of personal relationship to those involved in the dispute. They must remain unbiased in all conversations and remain open-minded and objective during the process. The mediator’s job is to listen to each side of the dispute, help them recognize and assess the issues, and explore possible resolutions. They must be impartial and offer no suggestions or advice unless specifically requested by the parties. In addition, the mediator should not accept any gifts or favors from either party involved in the mediation. Mediators must also remain discrete and confidential. Anything said during the session is kept confidential, unless the parties agree to share information. This helps all parties feel comfortable voicing their opinions and concerns without fear of repercussions. Finally, it is the mediator’s responsibility to remain focused on helping the parties reach a resolution. They are not allowed to take sides, and they must not show favoritism to any one party. This helps all parties feel respected, not intimidated, and also helps ensure that the process is fair and impartial.

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