Mediation Ethics: Cases and Commentaries


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Therefore, many countries have adopted codes of conducts for mediators. While analyzing these codes, we can see several basic principles: competence, neutrality, self-express, quality, confidentiality, advertising the services and compensation.

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Even though the legal researchers agree with these basic principles, preambles of almost every code of conduct state that it is a personal responsibility of each mediator, how to conduct the process and gives opportunity to settle the mediation activity with internal regulations. Hence, there are not many practical guidelines for legally regulating ethical issues.

It begins with philosophy of mediation values, models and codes and every new chapter represents new case and attached commentaries. Autonomy has the biggest place among these three and it is full with ethical dilemmas such as: balancing emotions, strength, information and self-determination from the parties and while debate of the parties, the mediator has the dilemma of good faith, justice and disclosing relevant information.

Aristoteles linked ethics with the question: what shall we do to separate justice and injustice? Two models of mediation ethics have been inculcated in legal literature: regulatory and practical.

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According to the regulatory model, higher professional society create general standards of conduct rules which are mandatory for everybody. Critics of this model, David Luban, William Simon and Christine Parker state that this model leaves real relationships and obligations of the parties carelessly.


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Its formal and less practical character creates illusion of compulsion and does not deal with the challenges we will discuss. In this case, general conceptions are repulsed and attention is given to precedents that may be used in any other similar circumstances. Supporters of this model, who also are lawyers of Anglo-American law countries, consider that the main advantage is that such precedents are created inside itself legal society and is not regulated by any higher professional society.

Therefore, it is more relying on the relationship, dynamic and flexible unlike hierarchical, formal regulatory model.

Attractiveness of the practical model in mediation process is supported by the following arguments: mediation is a process based on certain relationships and does not need traditional approaches typical to regulatory models; mediation is considered as the dispute resolution tool not having the united structure, its non-structural character does not refuse to the existence of united model of ethical regulations; mediation is the process based on the interests and needs flexibility. Mediation process may be compared to theatric production.

When the actress ignores the scenario, improvisation becomes her biggest weapon. Conducting the process by the mediator needs different approaches.

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Hence, using one specific model in mediation activity is excluded which itself is one of ethical challenges. Despite existence of general conception in mediation ethics, every other instance may create need of using new models. The researches have revealed that in mediation practice not only looking for an appropriate model is the challenge for the mediators. There also are bigger challenges for mediators morally and ethically: 1. You can change your ad preferences anytime. Upcoming SlideShare. Like this presentation?

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Published in: Education. Full Name Comment goes here. Are you sure you want to Yes No. Drawing on the problem-based approach to ethics native to other professions, she sets forth numerous ethical challenges that illuminate the grey areas often confronted by mediators. Professor Waldman deftly identifies those dilemmas that elude easy answers and her problem method encourages the reader to move beyond an articulation of mere rules to a more profound comprehension of the real difficulties inherent in practice.

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Professor Waldman's problem-based method offers a special bonus; many of the "commentators" are experts in their own right who bring long years of study, scholarship, and practice to their discussions. Mediation Ethics makes clear that even "experts" differ as to the 'correct' way to proceed and that what practicing mediators require most when confronting ethics puzzlers is nuanced judgment and a clear understanding of what is at stake. Mediation Ethics takes us a long way toward this sort of judgment and understanding and should be required reading for practitioners, academics, and trainers alike.

With sophistication and clarity, it details, analyzes and embroiders a series of case studies using rules, mediation models, and the insights of many leading mediators and commentators. A wonderful synthesis of the theoretical and practical, it should be required reading for anyone who mediates or who uses, teaches, regulates, or studies mediation. See All Customer Reviews. Shop Textbooks. Read an excerpt of this book! Add to Wishlist. USD Sign in to Purchase Instantly. Temporarily Out of Stock Online Please check back later for updated availability.

Overview Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making.

Mediation Ethics: Cases and Commentaries Mediation Ethics: Cases and Commentaries
Mediation Ethics: Cases and Commentaries Mediation Ethics: Cases and Commentaries
Mediation Ethics: Cases and Commentaries Mediation Ethics: Cases and Commentaries
Mediation Ethics: Cases and Commentaries Mediation Ethics: Cases and Commentaries
Mediation Ethics: Cases and Commentaries Mediation Ethics: Cases and Commentaries
Mediation Ethics: Cases and Commentaries Mediation Ethics: Cases and Commentaries
Mediation Ethics: Cases and Commentaries Mediation Ethics: Cases and Commentaries

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