Die Unabhängigkeit und Unparteilichkeit des Mediators

Peter Tochtermann analyzes the extent to which a mediator has to be independent and impartial when supporting parties to resolve their dispute in a mediation amicably. In his comparative analysis, using the mediation experiences of the United States, the author focuses on mechanisms which can ensure the integrity of the process during the different stages of mediation. In addition to the professional regulations for notaries and attorneys, the author examines procedural mechanisms such as codes of ethics and corresponding enforcement procedures as well as the possibility of rescinding a mediation agreement influenced by a biased mediator under U.S. and German contract law. In a closing chapter, the author analyzes hybrid dispute resolution mechanisms, which combine mediation and arbitration.