Neutrality in mediation: Which side are you on?
They say in Harlan County
There are no neutrals there.
You'll either be a union man
Or a thug for J.H. Blair.
Which side are you on, boys, which side are you on?
Which Side Are You On? was written by Florence Reece in 1931 and performed by Natalie Merchant in 2003. Hat Tip to Scott H. Greenfield over at Simple Justice.
There are no neutrals in mediation. Mediators, although sometimes referred to as a "neutrals", are, indeed, advocates. We are just not your advocate.
"Which side are you on, boys?"
To the extent that your interests and those of your mediator correspond, the mediator is on your side, but no further. Your mediator's goal and function and interest is in resolving your dispute with any opposing party on terms that you both, or you all, can accept; on that date, at that time, in the mediator's forum, but on your terms. Mediators are not interested in preparing your case for trial. We are interested in preparing your case for settlement. Toward that end, we are advocates for the facts of the matter, and for a just, durable settlement based upon those facts, and for nothing else.
We are advocates for acting reasonably and truthfully and for achieving peace; and we acknowledge that lasting peace is not always achieved through settlement.
We are not advocates for "ties" or for achieving "neutral ground." Mediation is not neutral ground. It is a battleground existing under a white flag of truce, not surrender. It is your last chance to choose to settle your case on your own terms, or not. Mediators are there to help you choose wisely, and for no other reason.
