Walking the Line: Reflections on Ethics, Advocacy and Integrity in Mediation Practice
Mediation, at its essence, is not about winning or losing — it is about understanding. Mediation offers a space where conflicts transform from confrontation into conversation – it nudges parties towards rebuilding trust, repairing relationships, and devising creative, practical outcomes.
Yet, the beauty of mediation also lies in its vulnerability. Its success is highly dependent on trust – trust in fairness of the process, in the mediator’s neutrality, and in integrity that underpins every interaction. In this respect, ethics is no longer a peripheral concern but the very foundation upon which mediation stands.
Jointly organised by the Law Society Mediation Committee and Singapore International Mediation Institute (SIMI), and supported by China Council for Promotion of International Trade (CCPIT) Mediation Centre, “Walking the Line: Ethics, Advocacy and Integrity in Mediation Practice” was a timely reminder of how ethics is indispensable in mediation.
As mediation becomes an increasingly essential component of modern dispute resolution, offering parties creative solutions that adjudicative processes often cannot, it is equally crucial to maintain trust amongst users. As Co-Chairpersons of the Mediation Committee 2025, Mr See Chern Yang and Mr Liew Yik Wee, aptly remarked:
“Mediation is becoming an increasingly vital tool in the international dispute resolution landscape. It is essential that legal and mediation professionals establish and maintain uncompromising standards of ethics and integrity in the conduct of the mediation process.”
With trust being the cornerstone of effective mediation, the panel discussion addressed the realities of mediation in multi-cultural and cross-border contexts. Cultural differences often influence perceptions of fairness, authority, and communication styles – for instance, in particular contexts, parties may prefer mediators to adopt a more evaluative stance, which may undermine a mediator’s neutrality.
In commercial disputes, this cultural sensitivity becomes even more critical, as the mediator’s task is often to find common ground amongst parties, clients and counsels alike. Any perceived unfairness could easily unravel prior effort put into resolving the dispute and affect the durability of settlements. Conversely, when clients and counsels attend mediation without being unnecessarily adversarial, the focus can shift to constructive engagement and the mediation process can facilitate creative outcomes that preserve both relationships and commercial interests beyond the win-lose paradigm of adjudicative processes.
Another salient point that surfaced during discussions: mediators are not merely facilitators; they are custodians of integrity. Ethical lapses, whether through unwitting disclosure or perceived bias, can easily undermine confidence in the process and the profession. This responsibility to uphold high ethical standards is likewise shared by lawyers – skilful advocacy must not cross into subtle deception or manipulative framing that misleads either the mediator or the other party. The conversation raised difficult questions, including how far an advocate may go in advancing his or her client’s interests without compromising fairness, and when a mediator’s well-intentioned intervention might inadvertently tilt the scales.
The session’s exploration of ethical boundaries rounded off with a forward-looking discussion on the evolving nature of mediation, against the backdrop of AI and technology’s prevalence. As Professor Joel Lee, Chairman of SIMI, noted:
“As the use of mediation grows across borders and different industries, it is timely for mediation professionals to reflect on ethical issues in relation to mediation. We hope that the four themes … the ethical obligations of all mediation professionals; respecting the integrity of the mediation process; cultural and systemic differences in cross-border mediation; and the impending impact of AI and technology on ethics in mediation practice – will spark conversations among mediation professionals on the topic of ethics in mediation and contribute to building steadfast integrity in the mediation profession.”
Recognising that technology and globalisation are reshaping ethical norms highlights the need for continual reflection and recalibration of standards.
In conclusion, the session brought us back to a fundamental truth: without ethics, there is no trust in mediation. Whether in domestic or cross-border contexts, regardless of culture, the credibility of the mediation process is highly dependent on the integrity of its practitioners as well as the participants involved. Upholding these values requires more than simply adherence to codes of conduct – it calls for self-awareness, restraint, and in certain circumstances, the moral courage to adopt unpopular positions.
As the landscape of mediation evolves, its future will not be shaped by institutional frameworks and technology alone. It will be shaped by the collective commitment of mediators and advocates alike to walk the ethical line – with fairness, integrity, and professionalism at every step.
