APPROACHES TO MEDIATION
Mediator stance
Roberts & Palmer – two essential characteristics (i) mediation is supportive of party’s decision, (ii)
intervention comes from a non-aligned stance.
Non-aligned means not having an interest in the parties/outcome of the dispute.
Simmel – mediator stands outside interest of the parties and isn’t related to them at all.
International relations where two countries are at war and third country steps in as broker of peace
which is also of interest to it.
Pincen’s international model distinguishes between: (i) principal mediator – has an interest in the
dispute but comes from another country, (ii) neutral mediator – no interest in outcome, only in process
of peace building.
This distinction is also possible in domestic contexts like work; principal mediator – work related
dispute e.g. HR, neutral mediator – professional independent mediator.
De Girolamo - use of impartial/neutral interchangeably in defining mediator is not helpful as they
don’t mean the same thing. These concepts are not present in mediation. By reason of their
interactions with the parties, mediators lose their impartiality/neutrality even though they felt they
remained neutral and impartial the whole time. Perhaps what matters is the perception of neutrality
and impartiality because data does not objectively show this.
Ongoing debate in removing these two requirements because they’re not possible to achieve.
Models of mediator intervention
Roberts & Palmer, Riskin – theoretical models of mediator interventions. R&P – mediator is a
facilitator and falls within sphere of expert consultancy. Riskin – evaluative/facilitative mediator.
De Girolamo – research showed active mediators. Mediators said they facilitated parties but data
showed they helped parties understand their disputes, helped them communicate more and think about
what options were good for them. Data also showed mediators sometimes take role of negotiator
directly as party/party adviser.
Mediator can take party A’s position in meetings but also step into opponent’s shoes.
Identities of mediator
Mediator – sets agenda, opens mediation
Party – mediator takes on the opposite party’s identity while negotiating with the other. They may
also align with one party when they’re with them blending role of party and mediator.
Advisor – when discussing case, mediator can give legal/professional advice, shares expertise.
Movements between these identities are fluid and occur throughout mediation. Mediators seek an
integrative outcome for the parties.
Due to constant movement, it’s difficult to define what mediation is. This calls into question the
purpose of impartiality/neutrality.
