“Neutrals” are third-parties. They aren’t part of the dispute to be arbitrated or mediated, and they aren’t likely to be significantly impacted by any resolution the primary parties create.
Unlike your mom, who benefited from a quiet home when you and your sibling stopped fighting, the neutral typically receives no direct benefit from the resolution of the conflict. Yes, they might get paid for their guidance, but they will be paid whether or not you reach a resolution. So, they won’t pick sides or judge one of you as right or wrong.
This is not to say an arbitrator won’t award money or other restitution when a behavior has caused harm, but that award won’t generally have a punishment motive. You won’t get grounded like you might when your mom had to intervene.
Would you like to see if there’s a resolution to your conflict that’s even better than you imagined possible? Tell me more
NOTE: This post is a general overview of mediation. It is not legal advice, and there is certainly no guarantee that choosing mediation will generate a specific result. Past success is never a guarantee of a future outcome. If you require legal information or advice applied to your unique situation, please make an appointment to discuss it with an attorney. Don’t rely solely on what you read on the Internet.
Nance L. Schick, Esq. is a New York City attorney and mediator who focuses on keeping people out of court and building their conflict resolution skills, especially in business and employment disputes. Her holistic, integrative approach to conflict resolution draws from her experience as a crime victim, human resources supervisor, minor league sports agent, and United Nations representative. She is a 2001 graduate of the State University of New York Buffalo Law School trained in Alternative Dispute Resolution (ADR) by the Equal Employment Opportunity Commission (EEOC), Financial Industry Regulatory Authority (FINRA), and International Center for Ethno-Religious Mediation (ICERM). She is also creator of the Third Ear Conflict Resolution process, author of DIY Conflict Resolution: Seven Choices and Five Actions of a Master, and an award-winning entrepreneur, who has been acknowledged by the New York Economic Development Corporation/B-Labs (Finalist, Best for NYC 2015 & 2016), U.S. Chamber of Commerce (2015 Blue Ribbon Small Business), Enterprising Women Magazine (Honorable Mention, 2014 Woman of the Year awards), and Urban Rebound NY/Count Me In (Finalist, 2013 Pitch Competition).