Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed against Florida Mediators

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.

Recommended Citation

Paula M. Young, Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed against Florida Mediators , 11 Pepp. Disp. Resol. L.J. Iss. 2 (2011)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol11/iss2/6