http://law.bepress.com/cgi/viewcontent.cgi?article=7078&context=expresso

The chaos the title refers to is caused by standards and regulations that require both impartiality and process fairness, as well as just outcomes, according to the author. The author offers analysis of laws, rules, and standards from around the United States to show that they either create tension for mediator "neutrality or impartiality" or include inconsistent and contradictory provisions. To deal with this problem, the author recommends three courses of action: 1) In those jurisdictions in which no standards have been written, that they not be written until the mediation profession has worked out the contradictory requirements of impartiality and a balanced and fair process; 2) to revise the definition of mediation and the standards of conduct so that impartiality is not required; 3) clarify the existing standards of conduct.