Neutrality

Neutrality is an established and revered principle in the practical world of mediation for several reasons. These include the need for the mediator to enjoy the confidence of two or more parties, the desire to maintain critical- analytical distance, and the need to establish a solid foundation for implementation.

Neutrality can play a practical role in mediating conversations between community members and those who violate rules and expectations. For example, reintegrative or restorative justice (RJ) programs present an opportunity to engage community members in the co-creation of solutions to crime, vio­lations of community rules, or delinquent behaviors in proactive ways (Gonzalez, 2011; Neves, 2009; Proietti-Scifoni & Daly, 2011). Rather than letting the penal system deal with the individuals in an isolated way, community members are invited to engage in meaning­ful dialogue with the individual(s) about the repercussions and lasting effects of the behav­iors in question. The goals are to reintegrate the individuals such that they feel less like outsiders and more a part of the solution.

RJ programs challenge long-understood and practiced approaches to justice in the United States and in many other countries. However, RJ programs can complement established insti­tutions; for example, in finding ways to avoid having minor offenders feeling excluded from the community or stigmatized provides an opportunity for healing that may not otherwise have ever been present. The principles behind RJ suggest that involving the community in meaningful dialogue helps manage lasting neg­ative effects and creates a greater community healing. Sentencing circles in Canada’s First Nation communities offer one well-established and effective example of this approach.