How Impartiality Works in Mediation Wiltshire
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How Impartiality Works with UK Family Mediation
One of the primary reasons why mediation breaks down is when one or more parties perceive the mediator to be biased. This perception can occur, whether the mediator is actually biased or not. To ensure the standards of independence are maintained, the mediator must not express any opinion or give any advice. Mediation is subject to the control of the parties. Therefore, it is essential that the parties involved maintain impartiality.
The mediator’s role is to ensure that the process empowers the parties to arrive at an informed proposal/agreement, with knowledge of their available options. The mediator will provide a range of factual data and relevant laws, but they cannot suggest which option is best. That decision must be made by the parties themselves.
To remain entirely impartial, the mediator encourages the parties to seek appropriate and independent legal advice where applicable. Financial issues are usually the most common issues that arise during mediation after separation. Therefore, all parties must disclose all relevant financial dealings to provide a level playing field.
When parties agree to mediation, the mediator will instruct them to complete a Financial Form. Completing this document ensures that both parties have equal amounts of data and information to work from. However, the mediator will only inquire into financial disclosure to ensure all parties are following the disclosure requirements. The mediator will not investigate the disclosure documents provided. Such an investigation might infringe on the mediator’s impartiality and prove counterproductive.
Impartiality is critical to the success of the mediation process. It helps parties navigate their disputes, communicate, and find creative solutions that benefit everyone involved. Therefore, it’s essential to choose a mediator who is impartial, objective, and unbiased. Mediators who use active listening, neutral body language, paraphrasing and re-framing techniques can remain impartial and effectively facilitate the mediation process. If you’re considering mediation to resolve conflicts or disputes, make sure you choose a mediator who is impartial to increase the chances of success.