How is mediator neutrality maintained?
Mediator neutrality is one of the most important elements of mediation law in Washington. Generally, mediators are not allowed to take sides or favor one party over another. The mediator needs to remain neutral and impartial in the process. The Washington State Association for Justice notes that mediators should demonstrate neutrality by being fair and impartial to all parties involved. They must encourage all parties to participate in the process, encourage parties to be candid, and not be influenced by bias or partiality. Additionally, they must never disclose confidential information or communication between parties. Mediators have an obligation to disclose any existing relationships they have with any of the parties before the mediation begins. This will ensure the process remains fair and impartial and the mediator will remain truly neutral. In Washington, mediation laws also state that mediators must never intentionally act to deny any party their right to a fully informed decision-making process. This means that the mediator should not withhold any relevant information, assume any party’s innocence or guilt, or be otherwise influenced or swayed by any emotions of the parties or their representatives. Ultimately, maintaining neutrality is essential to the success of any mediation process and is critical to the achievement of equitable outcomes. By adhering to the laws of the state, mediators can ensure the process remains fair and impartial, and all parties involved receive the impartial resolution they deserve.
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