Independence and Impartiality in Arbitration and Mediation : Caesar's Wife must be above Suspicion

Abstrakt

Independence and impartiality are considered to be the fundamental principles of both arbitration and mediation. This is confirmed by the requirements of respective national laws and the ADR centres' regulations.

Furthermore, the neutrality is one of the main qualities that warrants the right of the fair trial and thus it is considered as a core ethical principle. This is also highlighted by the fact that impartiality and independence is used in numerous definitions of respective ADR procedures mentioned by scholars.

This paper address the crucial quality of neutrals both from the theoretical and practical point of view. It focusses on confused terminology in the field, legal requirements, ethical regulations and sanctions

Klíčová slova

• mediation
• arbitration
• ADR
• impartiality, independence, conflict of interest, arbitrator, mediator