THE VIEW OF THE PRINCIPLE OF IMPARTIALITY IN MEDIATION AND ITS EVALUATION WITHIN THE FRAMEWORK OF ETHICAL RULES

The principle of impartiality in mediation is one of the most important fundamental elements of mediation. Without this principle it is not possible to conduct the mediation process in a just and fair way and obtain a just result which will be reached by the mutual agreement of parties that meet on a common ground. Hence, the principle of impartiality is an inseparable part of mediation. Together with this, since this principle is evaluated as a higher abstract concept in western legal systems, the elements that should be included in its scope has become a subject of discussion for many years. In fact, the principle of neutrality, as a higher concept, also includes other sub-concepts such as non-discrimination, equal treatment, fairness and not engaging in conflict of interests during the mediation negotiations. Therefore, this upper concept has an integrity with the other elements under it.The principle of impartiality is among the codes of conduct which should be followed by mediators from countries that have accepted the mediation in their legal system including our country. This article aims to only touch a small part of this principle and actually bring the attention to the importance of this issue in terms of practice