"Mediator appears to side with teachers union in contract impasse"

This recent headline from the Keynoter newspaper caught my eye and got me thinking – “Why is the mediator taking sides? S/he should withdraw form the process and have a neutral mediator appointed immediately!”  

The person in question, Scott Milinski, was not in fact mediating the dispute between the United Teachers of Monroe union (UTM) and the Monroe County School District (MCSD). Rather, he was presiding over a public hearing of the dispute as a special magistrate. Of course, up until he delivered his recommendations, I am sure that Milinski remained impartial and unbiased, and only “sided” with the union after hearing all the evidence and arguments.

“All judges have cases that touch our passions deeply, but we all struggle constantly with remaining impartial.”

Sonia Sotomayor, Associate Justice, Supreme Court of the United States Via: Brainy Quote  

Why does impartiality matter?  

1.  Because the National Standards require impartiality

The National Mediation Accreditation Standards require a mediator to “conduct the dispute resolution process in an impartial manner”. The Standards define impartiality as “freedom from favouritism or bias either in word or action, or the omission of word or action, that might give appearance of such favouritism or bias.”

2.  Because it works

Communication and trust are the foundations of a successful mediation. Typically, by the time a matter gets to mediation, the parties have lost both and it is up to the mediator to re-establish trust and communication between the disputants.

Impartiality is key to winning and keeping the trust of all parties; once trust has been established, then open, honest communication is more likely to follow. As an impartial mediator I ensure the process of mediation is free from prejudice or bias, and the session remains focussed on your concerns without importing my views on the matter. 

Have you ever had to remain impartial in the face of conflict? I'd love to hear your stories.