The article deals with a comparison of the independence and impartiality of arbitrators and mediators. The two ADR institutions are often assimilated, but the obligations imposed on each of the categories differ to some extent. The article opens with a theoretical definition of the terms “impartial” and “independent”, while the author then focuses on a comparison of the normative rules as incorporated in selected legal systems and in the rules adopted by selected ADR institutions. The results of the research are subsequently analysed and put into context. The final part of the article examines whether the obligations are identical in both cases, or whether they differ and merely have the same title. The results of the examination are subsequently put into the context of a situation in which a single individual simultaneously acts as mediator and arbitrator in the ADR hybrid models – med-arb and arb-med.
mediation
impartiality of arbitrators
impartiality of mediators
independence of arbitrators
independence of mediators
institutional rules
Dr. Martin Svatoš is a mediator and arbitrator based in
e-mail: svatosmartin@forarb.com