Skilled and Impartial Mediator. In most cases the selection and appointment of a mediator is a matter determined by the parties to a dispute.107 A mediator should firstly possess the appropriate skills, experience and/or qualifications to undertake this task and maintain the confidence of the disputing parties.108 The majority of commentators also recommend that the mediator be accepted by all parties as an impartial and neutral figure and not possess any personal stake in the dispute. Personal bias on the part of the mediator is likely to undermine the commitment of one or other disputing party to the dispute resolution process, which is voluntary in nature. There will be little incentive for a disputant to voluntarily remain in a mediation process in which the mediator is biased against their interests. Impartiality is thus essential and is described in Xxxxxx’x leading text on mediation 105 Boulle, Mediation: Principles, Process, Practice, p77. 106 The summary draws upon the “Electic Theory of Environmental Mediation” presented by X Xxxxxx Xxxxxxxxx, "Environmental Mediation Theory and Practice: Challenges, Issues, and Needed Research and Theory Development," in Mediating Environmental Conflicts : Theory and Practice, ed. X Xxxxxx Xxxxxxxxx and Xxxxx Xxxxx Xxxxx (Quorum Books, 1995).and Xxxxxxxx Xxxxxx’x leading text on mediation Boulle, Mediation: Principles, Process, Practice. in addition to other sources where noted. 107 Exceptions to this include court assisted mediation where the mediator is appointed by the court. 108 These qualifications may vary in practice and include prior experience in mediation, training in mediation skills and/or a history of experience in environmentally related matters. A moderate level of technical expertise in the subject of the dispute may be of assistance, although some commentators have thought it advisable that the mediator not have great technical expertise in the specific subject of the dispute as this may result in a technical over-emphasis at the expense of relationship building. Xxxxxxxxx, "Environmental Mediation Theory and Practice: Challenges, Issues, and Needed Research and Theory Development," p276. as “...a core requirement in mediation, in the sense that its absence would fundamentally undermine the nature of the process.”109 Nonetheless, impartiality does not necessarily imply complete independence from the disputing parties. As Boulle notes, impartiality, which is essential, may be distinguished from neutrality, which may be a questi...
