Shortcomings of neutrality in mediation: Solution based on rationality

The authors argue that much of the conventional wisdom about mediation is based on the concept of neutrality, a concept difficult to operationalize. They replace this approach with the goal of providing Symmetric Prescriptive Advice (SPA). SPA is based on Raiffa's decision theoretic approach to negotiation and mediation, coupled with an analysis of common cognitive errors that occur in mediation. SPA requires mediators to: (1) only push for agreements when a positive bargaining zone exists; (2) search for fully efficient agreements; and (3) help the parties think through the issue of fairness.