- Mark Twain
These references supplement the Knowledge Base Essay, Neutrality.
Additional Explanations of the Underlying Concepts:
Online (Web) Sources
Hauss, Chip. "Beyond Neutrality -- Summary." Conflict Research Consortium, 2000.
Available at: Link
This is a summary of Bernard Mayer's "Beyond Neutrality."
Burgess, Heidi and Guy M. Burgess. "Advocacy Advisors and The Neutrality/Empowerment Problem." , 1900
Available at: http://www.colorado.edu/conflict/peace/example/burg7466.htm
One of the most difficult challenges facing the conflict resolution and peacemaking fields is the justice problem. This problem arises because the ultimate objective of our efforts is wise and just decision-making--not merely the resolution of conflicts for the sake of resolution. If the power distribution between contending parties is nearly equal, then conflict resolution processes are generally just. However, in cases where power is inequitably distributed, neutral intervention often simply sugar-coats the domination of one group by another, leading to an unjust result.
Green, Rachel Fishman. "Mediator Neutrality: How is it Possible?." , 1900
Available at: http://www.mediate.com/articles/green2.cfm
This article talks about how mediators can remain neutral in divorce mediation. Green, a divorce mediator, asserts that she tries to remain neutral by getting information from her clients then presenting them with information that she has. She also encourages her clients to listen to the other party and understand the other person's perspective.
"Meeting in the Middle: A Study of Solicitors' and Mediators' Divorce Practice." , 1900
Available at: http://www.scotland.gov.uk/cru/resfinds/lsf25-00.asp
This article discusses the issue of mediator neutrality, asking the question of whether this ideal of neutrality is actually achievable. The article reviews other studies that have been conducted to find that mediators often steered clients toward certain outcomes by using their power over the mediation process.
Model Standards of Conduct for Mediators. American Arbitration Association.
Available at: http://www.adr.org/sp.asp?id=22118
This link is to a full text of the Model Standards of Conduct for Mediators. "The purpose of this initiative was to develop a set of standards to serve as a general framework for the practice of mediation. The effort is a step in the development of the field and a tool to assist practitioners in it--a beginning, not an end. The model standards are intended to apply to all types of mediation. It is recognized, however, that in some cases the application of these standards may be affected by laws or contractual agreements." -- American Arbitration Association
Vice, James W. "Neutrality, Justice, and Fairness." , 1997
Available at: http://www.ombuds.uci.edu/JOURNALS/1997/neutrality.html
This article discusses the ombudsperson's obligation to neutrality, justice, and fairness. The article discusses the imperfection of these concepts and their importance to alternative dispute resolution processes.
Gibson, Kevin. The Ethical Basis of Conflict Resolution. University of Colorado: Conflict Research Consortium.
Available at: Primary Link
This three part paper examines a theoretical backdrop for formulating an ethical code for mediators. The first section sketches out some major meta-ethical theories to show how our sense of right and wrong, good and bad are derived. The second section illustrates how such theories give us a way to codify and defend our ethical intuitions. The third part suggests a framework which can be used to develop a code of ethics.
Munn, Kathryn. "The Myth of Mediator Neutrality." , 1900
Available at: http://www.munncrs.com/COMMON-GROUND/MCRSwinter2001.PDF
This article argues that mediator neutrality does not exist because mediators can have a preference for a certain outcome between the parties involved. It argues that rather than serving clients in a way that their clients' best interests are at stake, mediators act as brokers and have interests that that may differ from that of the clients. Mediators can then use their power to get their preferred outcome, which may or may coincided with the preferred outcome of their client.
"The Risks of Neutrality." , 1900
Available at: http://www.mediate.com/articles/benjamin.cfm
Offline (Print) Sources
Mayer, Bernard. Beyond Neutrality: Confronting the Crisis in Conflict Resolution. San Francisco: Jossey-Bass Publishers, 2004.
Amazon.com: "This important book takes a critical look at conflict resolution (mediation, arbitration, and other forms of Alternative Dispute Resolution)." Primary Link
Avery, Maria-Paz Beltran. "Mediator Neutrality and Disputant Perceptions of Fairness in the Community Mediation Setting." Dissertation Abstracts International 59:12, 1999.
Cobb, Sara and Janet Rifkin. "Practice and Paradox: Deconstructing Neutrality in Mediation." Law and Social Inquiry 16:1, 1991.
Gibson, Kevin. "Shortcomings of Neutrality in Mediation: Solutions Based on Rationality." Negotiation Journal 12:1, 1996.
The authors argue that much of the conventional wisdom about mediation is based on the concept of neutrality-a concept difficult to operationalize. They replace this approach with the goal of providing Symmetric Prescriptive Advice (SPA). SPA requires the mediator to: (1)only push for agreements when a positive bargaining zone exists; (2) search for fully efficient agreements and; (3) help the parties think through the issue of fairness.
Moore, C.W. The Mediation Process: Practical Strategies for Resolving Conflict, 2nd ed.. San Francisco, CA: Jossey-Bass Publishers, 1996.
Since it was first published in 1986, The Mediation Process has become a landmark resource for mediation practitioners, trainers, students, and professionals in corporate, legal, health care, education, and governmental arenas. This thoroughly revised and expanded third edition has been updated to include coverage of the most contemporary issues in mediation practice and to provide updated bibliographical resources.
Mulcahy, Linda. "The Possibilities and Desirability of Mediator Neutrality- Towards an Ethic of Partiality?." Social and Legal Studies 10:4, 2001.
This article draws on an empirical study of community mediation to question the possibility & desirability of mediator neutrality. It argues that, although the notion of neutrality is central to discussions of adjudication & mediation, there is much debate surrounding whether neutrality is a desirable goal. Rather than aspiring to the empty goal of neutrality, we should be debating the possibility of partiality as an ethical standard to govern dispute resolution.
Lederach, John Paul. "Who Mediates in Developing Countries?." Conflict Resolution Notes 6:4, April 1, 1989.
Examples Illustrating this Topic:
Online (Web) Sources
Yevsyukova, Mariya. "Who Mediates in Developing Countries? -- Summary." University of Colorado, Conflict Research Consortium, 1900.
Available at: Link
This page is a summary of John Paul Lederach's article, Who Mediates in Developing Countries. Lederach describes the Central American model of mediation, which is different from the one used in North America. The main difference is that the mediator is not a neutral, outside party but a party known and trusted by the opponents.