ABSTRACT
Mediators, no matter how expertly intuitive, must ensure the self-determination of disputants. In order to do so, mediation theory, educators, trainers, manuals and codes of conduct all agree that mediators must mediate free from bias, and also free from the appearance of bias. If the lure of repeat business does not lead to an actual conflict of interest in mediation practice, it could lead to what John Wade describes as “predictable pressure” on dispute resolution professionals to recommend “splitting the difference” so as to remain marketable. Due to a desire to garner repeat business, mediators may be mediating when conflict of interest rules would suggest they should not; which is connected to the problem of repeat players in the litigation system, identified by Marc Galanter decades ago. One, very important, problem with repeat users of mediation services is the fact that repeat business does not favour women or other marginalized mediators.
