Impartiality and Neutrality 1. The mediator is obligated to maintain impartiality toward all participants. Impartiality means freedom from favoritism or bias, either in word or action. Impartiality means that a mediator will not play either an adversarial or advocacy role. The mediator has a responsibility to maintain impartiality while raising questions for the parties to consider the feasibility of proposed options for settlement and dialogue.
Neutrality refers to the relationship that the mediator has with the disputing parties.
If the mediator feels, or any one of the participants states, that the mediator's background or personal experiences would prejudice the mediator's performance, the mediator should withdraw from the mediation unless all agree to proceed. A mediator's actual or perceived impartiality may be compromised by social or professional relationships with one of the participants at any point in time. The mediator shall not proceed if previous legal or counseling services have been provided to one of the participants. If such services have been provided to both participants, mediation shall not proceed unless the prior relationship has been discussed, the role of the mediator made distinct from the earlier relationship, and the participants given the opportunity to choose freely to proceed. Relationship to Participants.