Originally from Alternatives to the High Cost of Litigation

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The problem is the perception of partiality.

Lawyers think of legal processes as being linear with consistent and predictive ways that neutrals should act to preserve impartiality or neutrality. The mediation process is often considered to commence with an in-person session attended by all participants. This likely derives from the legal system forum models of court and arbitration.

Despite the years that mediation has been common, even experienced practitioners refer to the mediation session as a “hearing.” I just agreed last month to be on a roster of mediators with a private provider who referenced the mediation “hearing” in all of its documents.