NEUTRALITY, IMPARTIALITY AND FAIRNESS: AN EVALUATION OF THE ETHICAL CHALLENGES FACED BY MEDIATORS IN IRELAND

Abstract

According to regulations underpinning the process of mediation, the mediator must be neutral and impartial, not taking sides. However, some critics have raised the argument that, by nature, the mediator can not be neutral, since there is a whole history of life behind every human being. Due to so much controversy in this area, the main objective of this dissertation was to examine the ethical obstacles faced by mediators in Ireland in order to remain unbiased, impartial and obtain a reasonable outcome. In order to obtain the data, qualitative research was carried out through a survey addressed to mediators in Ireland in order to listen to the practitioners' perception of the controversial problem of the study of this field. Exploratory research has also been carried out on the scholarly articles of different authors on the subject. Following an in-depth analysis, the study concluded that variations between the principles of neutrality and impartiality are still open to debate among professionals in the field. This work leaves a legacy for future studies that, like the current author, not only in Ireland but in all other nations, would like to promote a less restrictive regulation of conflict resolution.