How the impartiality of the mediator is crucial to ensuring a fair and equitable process for all parties involved.
We know that one of the basic pillars on which the process of mediation is impartiality of the professional, but we should do a detailed analysis to conclude in which aspects of mediation work this principle plays an important role. First of all, is it possible that the impartiality of the mediator Was she affected even before starting to work on the case? This aspect is relevant because the mediator must evaluate his personal situation with respect to the case he is going to work on since, on certain occasions, his personal experience can hinder the task, the strategy or the tools that he has to use to carry out the management. of the conflict.
That said, impartiality will play a leading role in three important scenarios: process, procedure and professional. Thus, first of all, the process has to be based on impartiality since it includes the meeting model, the use of time in interventions or the prioritization of the topics to be discussed. These tasks that are linked to the process must be sponsored by an impartial model in which the professional mediator must be as neat as possible in the deployment of his or her obligations.
We will have little discussion if we analyze the role of impartiality in relation to the procedure that must be respected and have a most equitable and transparent evolution process. As an example, the achievement of the agreement in mediation must be the indisputable result of a procedure in which each of the phases have been developed in an equitable manner for the parties, that is, the birth of the agreement in mediation cannot be brought forward if the parties' histories have not been analyzed or the parties' positions defined. We could even talk about the need to ensure impartiality in future moments of review of mediation agreements.
Having said the above, in my modest opinion, the implementation of the impartial work of the mediator requires a lot of skill and success since an error can occur in tenths of a second (verbal communication can play tricks). This would be the last of the scenarios in which impartiality will play a very important, professional role. The mediator must walk in the continuous search for impartiality and must be very demanding with the tasks and decisions he makes, being aware that a violation of this impartiality may occur at any time.
In conclusion, I can affirm that an impartial model in which the mediator can carry out his task is impossible since each of his actions are tinged with his personal stamp; However, with regard to process and procedure, the mediator must be convinced of the way in which he must carry out his work so that it is always a guarantee of his professional activity and thus, guarantee the development of his role as an impartial conflict manager.
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