Alternative Dispute Resolution
Feb. 23, 2011
The Neutrality Dance: A Mediator’s Perspective
What exactly do mediators and attorneys mean by the term "neutrality?" By Matthew P. Guasco of Judicate West.
Ask any lawyer whether a mediator should be neutral, and he or she will say: "Yes, of course." Ask the same question to any mediator and you will get the same answer. In over 25 years as a civil trial and appellate litigator, however, the last 12 of which also have been spent as a professional mediator, my sense is that mediators are rarely neutral and lawyers really do not want them to be. Which begs the question: What is mediator ...
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