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Mediation and ADR

Conflict of interest

Any relationship or situation, past or present, whether personal, professional or financial, that could sway a mediator's neutrality or make it look compromised.[1]

In more detail

Maryland's standards require a mediator who learns of a possible conflict to disclose it and continue only if all parties agree and the process isn't undermined; otherwise the mediator declines or withdraws.[1] The Uniform Mediation Act requires a reasonable inquiry and disclosure of known facts, such as a financial interest in the outcome or a relationship with a party, before accepting a mediation.[2]

Varies by state

Disclosure duties come from each state's statutes and mediator standards. Find your state’s rules.

Related terms

  • ImpartialityActing without favoritism, bias or prejudice toward any participant.
  • MediatorA neutral, impartial person who conducts a mediation and helps the parties reach their own agreement, without deciding the dispute.
  • NeutralAn impartial person with no stake in the outcome who helps the parties resolve a dispute.

Read next on MediationList

Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Maryland Standards of Conduct for Mediators (eff. Jan. 1, 2020)mdcourts.govchecked ↩
  2. RCW ch. 7.07, Uniform Mediation Act (as enacted in Washington)app.leg.wa.govchecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

Cite this page

Page updated

MediationList. (2026, October 28). Conflict of interest: Definition. https://mediationlist.com/glossary/conflict-of-interest/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.