Importance of Impartiality in Conflict Resolution

Impartiality in dispute resolution is achieved in negotiating differences between disputing parties by mutually choosing a neutral third party known as the mediator. Although many factors are involved in most dispute resolution processes, including confidentiality and informality, the mediator’s impartiality is critical to the success of the process.

Impartiality is treating all rivals or disputants equally, and in mediation, a mediator must be impartial and have no interest in the matter in dispute. They are expected to have no favorites and to treat both sides of the conflict equally, regardless of their differences. However, because no human can be truly impartial, mediators are not expected to become emotionless; instead, they are expected to carry out their duties to minimize any manifestation of bias.

The value of impartiality in the dispute resolution process cannot be overstated, as it’s crucial in virtually all aspects of dispute resolution, including the mediation process and the legal system. When a mediator is perceived to be compromised, their decision is less likely to be accepted, and the entire process may be perceived to be rigged.

Further, conflict resolution is volatile in which both parties are determined to be proven correct. This ego clash would sometimes result in both parties failing to reach an agreement. Thus, to facilitate an agreement, the mediator must provide input on the best mutually beneficial terms for all parties involved. A conflict of interest in such a situation may result in the mediator favoring one party over the other. For example, if a mediator knows one of the parties in a dispute, they may unconsciously side with that person, which often encourages that person to become angry, making the dispute more difficult to resolve.

In conflict resolution methods like meditation, impartiality ensures that the conflict resolver doesn’t obstruct the lines of communication by using language, advice, or opinions that may reflect their bias and thus leave one party feeling isolated. This is essential because mediators foster effective communication between the disputants so that both sides can resolve. Having an impartial third party also helps to keep the disputants focused on resolving their issues rather than playing to the mediator’s ego.

Despite the importance of mediator impartiality, they can still intervene in certain situations to provide both parties with relevant information that’ll further smoothen negotiations and enable them to reach a mutually-agreed outcome. For instance, mediators can inform the disputing parties about their available options. However, they are required to remain unbiased.

While maintaining impartiality in practice is generally more daunting than in theory. Mediators can observe this essential principle by avoiding any interference with the substance of the dispute and maintaining a non-existent relationship with the parties beyond the mediation process, among others. They could also continually review any emerging feelings about someone or a situation during the mediation process and adjust their approach where necessary,

Impartiality is a critical component of the conflict resolution process because it provides disputants with justice and fairness. Therefore, it is best to refrain from advising in circumstances where they cannot remain impartial.