Subconscious Bias: Staying Neutral in Mediation and Negotiation

Whether we like it or not, subconscious bias walks into the room with us. It’s shaped by our past experiences, cultural context, education, media exposure, and even our mood. In mediation and negotiation, where impartiality is paramount, understanding these biases isn’t just helpful—it’s essential.

What Is Subconscious Bias?

Subconscious (or implicit) bias refers to attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner. These biases are automatic. They're not born from deliberate thought, yet they can significantly impact the way we interpret others’ words, behaviours, or intentions.

Examples of subconscious bias might include:

Assuming a younger participant lacks experience or credibility.

Interpreting a calm speaker as more reasonable than a passionate one.

Subtly aligning with someone who shares our background or worldview.

In mediation, these unconscious leanings—however slight—can disrupt the delicate balance of fairness and trust. If even one party perceives favouritism, the process can unravel.

Why Neutrality Matters

The entire foundation of mediation rests on neutrality. It allows all participants to feel safe, heard, and respected. As mediators or negotiators, our job is to:

Create space for open, honest conversation.

Foster balance between differing perspectives.

Facilitate decisions, not direct them.

When bias—however unconscious—creeps in, it becomes harder to achieve resolution, because the process no longer feels equal or safe for everyone involved.

Practical Ways to Stay Neutral

Remaining neutral isn’t passive. It’s an active, intentional practice that requires self-awareness and discipline. Here are some key strategies:

1. Acknowledge Your Biases

We all have them. Start by recognising your own triggers and assumptions. Use tools like the Harvard Implicit Association Test or reflective journaling to explore where unconscious preferences may lie.

2. Use Structured Processes

Frameworks like the facilitative mediation model or interest-based negotiation offer built-in checks to help maintain neutrality. Ask open-ended questions. Reflect back what was said. Avoid paraphrasing in ways that subtly favour one side.

3. Slow Down Your Thinking

Bias thrives in fast thinking. Pause before making assumptions. Take time to ask: “What’s informing my response right now? Am I reacting to tone, language, or content?”

4. Balance the Room

If one party is more dominant—through confidence, emotion, or communication style—step in to level the playing field. That may mean summarising for clarity, giving the quieter voice more time, or pausing to check understanding.

5. Stay Curious, Not Judgmental

Enter every conversation with a mindset of exploration rather than evaluation. Ask yourself: “What’s really going on here?” instead of “Who’s right?”

6. Use Neutral Language

Words shape perception. Avoid legalistic or emotionally loaded terms. Instead, frame situations in terms of impact, needs, and future outcomes.

Final Thought: The Discipline of Impartiality

Remaining neutral doesn’t mean not caring. It means caring enough to hold space for others without stepping into it ourselves. In the worlds of mediation and negotiation—where trust is the currency—impartiality is both a professional discipline and a human commitment.

At The Mediators, we train ourselves not just to hear words but to listen beneath them. We reflect, we slow down, and we challenge our own filters—so that those in conflict don’t just find solutions, but feel truly seen in the process of reaching them.

If you're navigating conflict and need a steady, impartial presence to guide the way, we’re here to help.