Ethics in Mediation: The Subtle Terrain of Conflict of Interest

Not long ago, I was appointed as a mediator in a two-party conflict. One of the parties was known to me—we had worked in the same organization years ago (different teams) and had gotten along well as co-workers. We hadn’t spoken since. I knew this connection would not affect my neutrality in any way.

But here was the dilemma: Should I proceed without saying anything? Or disclose the connection and risk undermining the parties’ confidence before the process even begins?

I posed this question to a group of mediator colleagues and was deeply struck by the response. Many felt there was no need to disclose because:

1. I was certain my neutrality would not be impacted.
2. Getting the parties into mediation outweighed the risk of losing them over what seemed an irrelevant disclosure.
3. Disclosure must have limits—“if we go down this path I will have to disclose that I shook his hand 10 years ago…”

This is the tricky, often uncomfortable reality of conflicts of interest in mediation.

Unlike litigation, where strict rules govern procedure, mediation rests on the fragile foundation of trust. Even the perception of partiality can compromise that trust, regardless of whether actual bias exists. That’s why mediators must approach potential conflicts with both rigor and humility.

The conversation with my colleagues was rich and thought-provoking. That said, I hold myself to a high ethical standard and hope that as we build a new movement in India we place ethics as our cornerstone. In a process where as the mediator I have no power and am dependent on my parties trusting the process and me as their mediator, I follow a few guiding principles on this point of conflict of interest:

• Disclosure first. Any prior or current relationship, however distant, should be shared. Transparency empowers the parties—not the mediator—to decide if it matters. My job is to enhance the informed decision making capability of my parties as much as possible. Not to limit it.
• Stay self-aware. Conflicts aren’t always obvious. Shared networks, cultural ties, or even hopes of future work can unconsciously tilt neutrality.
• Keep watch throughout. New information often surfaces mid-process. If something arises, I don’t ignore it—I disclose it. That openness reinforces to the parties that I am indeed “trust-worthy.”
• Respect party autonomy. After disclosure, it’s for the parties to decide whether to proceed. Their trust depends on that choice.

Mediation thrives because it makes room for respect and connection, even in conflict. Handling conflicts of interest openly doesn’t weaken that space—it strengthens it. In fact, it’s in these moments of candor that mediators model the very values the process is built on.

At its core, mediation isn’t only about resolving disputes; it’s about building trust. And trust begins with ethics. After all, Trust is earned in drops and lost in buckets.

Tara Ollapally

Tara Ollapally is a member of the MediateIndia! Advisory Board. Tara co-founded Centre for Advanced Mediation Practice to promote a ‘user friendly’ framework of dispute resolution which facilitates greater autonomy, is cheaper, less formal, procedurally simple and available with minimal delay. Conflict, a natural consequence of human relationships, has the… MORE