Mediator Neutrality in Commercial Cases: What is the Standard?
Stanley A. Leasure
Abstract
Using a case recently decided by the United States Court of Appeals as an analytical framework, this article
examines three ethical issues currently facing mediators: neutrality, impartiality, and disclosure. These ethical
issues are important on several levels. Mediation is still a widely used dispute resolution process. However,
ethical questions concerning mediator disclosure, neutrality, impartiality, and disclosure draw into question the
legitimacy of the process itself and whether it merits the confidence required for it to remain a viable mechanism
for dispute resolution.
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