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Authors

Paula M. Young

Document Type

Article

Abstract

Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques will serve as the first article in a series of articles I have planned on the use of active learning techniques to teach the core values of mediation: mediator impartiality, party self-determination, confidentiality, and quality of the process/mediator competence. This article is the second article in that series. In Section III, I summarize the first article in the series. In Section IV, I describe the role of mediator impartiality as a core value of the mediation field. I evaluate the definitions of mediation found in several ethics codes as they relate to mediator impartiality. Next, I discuss the value of impartiality in building trust between the mediator and the parties, and its role in supporting party self-determination. I then discuss the views of leading authors in the field who express skepticism about the existence of mediator impartiality and its unchallenged (or at least unexamined) status as a core value of mediation. I then discuss the overlap between elements of procedural justice and mediator impartiality.