Neutrality in Spain and Chile from the perspective of mediators: a literature review

Abstract

This paper is based on the analysis of the importance given to neutrality in the intervention of mediators, with special emphasis on the legislation and codes of conduct followed by mediators in Spain and Chile. For this purpose, a review of the literature on neutrality has been carried out using various scientific databases and an analysis of the legislation in these countries. The aim of this analysis was to highlight the research carried out by mediation professionals on this issue and to propose possible solutions. Among the results achieved is the affirmation that neutrality is in the mediation process and not in the mediator. This reality is not reflected in ethical codes of conduct or in legislation. Therefore, it is proposed the need to elaborate a universal and accredited code of ethics, which would help to consolidate the current polyphony of voices on mediator neutrality in the countries where mediation is used. As mediation as a profession becomes more and more established, it is essential that the principle of neutrality be understood unambiguously. In contrast to the rules that appear in current legislation and in certain codes of conduct, mediators should not be subject to the constraints of achieving personal neutrality.