Neutrality in family mediation: from formal impartiality to substantive equity
In the family mediation, apply a formal neutrality —treating people who arrive in unequal situations equally—does not guarantee justice. On the contrary, it can reinforce the existing gap. The role of the mediator is not to be limited to being an impartial spectator, but to guarantee real conditions of safety and balance so that the negotiation is fair.
A clear example is the case of Lucía and Marcos
Road mediation is a collaborative process in which a neutral mediator facilitates communication between the parties. Unlike a trial, there is no imposition of decisions here. Lucía, 32, is financially dependent on Marcos, 38. In the sessions, she barely intervenes; he minimizes the situation and pushes for a quick agreement, without legal advice. Here, confusion impartiality with symmetry would pose a risk to the most vulnerable party.
Professional intervention begins with separate interviews and risk screening tools. The mediator must assess whether to continue, move to an indirect (shuttle) or virtual approach, or even suspend the process. It is essential to reinforce informed consent, explaining the limits of confidentiality and offering information on protection resources.
For level the ground, family mediation should include:
- Access to free legal advice and psychosocial support.
- Balance speaking time, pauses, and caucuses to reduce pressure.
- Explicit rules of interaction and phased agreements with periodic review.
When minimum security guarantees do not exist, mediation should be stopped and the person should be referred to the protection circuit.
Among the most common mistakes are forcing joint sessions in risky contexts, failing to activate external support, or confusing impartiality with symmetry. These practices increase inequality at the negotiating table.
Conclusion: from formal neutrality to substantive equity
The substantive equity It's not about favoring anyone, but rather compensating for inequalities so that the agreement is voluntary, secure, and sustainable. Ultimately, Mediating is not remaining neutral in the face of inequality, but to intervene with judgment so that the process is truly fair.
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