Alternative Dispute Resolution
Apr. 3, 2010
How Style Affects Mediator Impartiality
With the practice of mediation still evolving, some mediator styles may breach the ethical requirement of impartiality.
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
In 2007, Susan Nauss Exon, Professor of Law at the University of LaVerne College of Law, raised the issue as to whether a mediator's style would affect impartiality. This is something that rarely if ever has been discussed openly. What we continually hear is discussion as to the various styles and their applicability to any given mediation. The styles generally considered are the facilitative, evaluative and directive. Sometimes we hear about the transformative style. However, generally we...
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