Ethics and Justice in Mediation - eBook

"A marvellous, creative and reflective approach to dealing with challenges to educate ...(on the)...ethics & justice principles of practice...A 'gem' of a text." - Mieke Brandon in the Resolution Institute's The Arbitrator and Mediator Journal

"This book is a triumph ... (of) appeal to all lawyers, particularly those who practise in mediations, and all mediators" - Tasman Ash Fleming, Barrister in Law Institute Journal, January/February 2019 Issue

Ethics and Justice in Mediation provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts. Mediation has developed beyond its infancy, and continues to evolve. As it matures, both new benefits and dilemmas emerge from the growing body of mediation experience, and require all mediators, whether new or experienced, to embrace change.

There is now a significant focus on the ethical issues arising from the way a mediation is conducted; more specifically, the impact of a mediator’s decisions on the parties and on the outcome.  Given the sheer diversity of situations that a mediator might face, the challenge of ensuring an ethical process, and a just outcome, is becoming acute.

Ethics and Justice in Mediation equips mediators with the skills required to identify the approach best suited to achieving just and ethical outcomes. It outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation.

Guidance is provided by a scenario-based approach in which experienced mediators’ responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise.  The authors are experienced mediation specialists, well-qualified to present crucial ethical issues that mediators commonly face - but which have previously received little attention in mediation texts.

 Presenting six different mediation scenarios, they outline the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios.  

By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provide just outcomes.

 

STRUCTURE OF THE BOOK:

Each of the six chapters contains the following helpful features - to deliver practical guidance effectively, and with authority:

• scenario;  
• detailed discussion of the ethical issues and challenges posed by the scenario; 
• collection of experienced mediators responses to the issues; 
• comprehensive authors’ commentary including reference to the standards; 
• private session and reality testing suggestions; and 
• tips for mediators and further reading.  

• Provides guidance for mediators through the ethical and practical challenges that arise in different mediation contexts.
• Outlines the relevant mediation standards and values that apply and demonstrates the different approaches available to mediators to help them ensure balanced outcomes for all parties to a mediation.
• Guidance is provided by a scenario-based approach in which experienced mediators’ responses, to several real-life situations, are shared to highlight the ethical and practical issues that may arise.  
•  Presenting six different mediation scenarios, this work outlines the relevant mediation standards and values applicable to each, enumerate the different approaches that may taken, and how these relate to the standards. Each scenario concludes with suggestions on how to approach the issues identified in the scenarios.  
• By providing these practical suggestions for applying an ethical approach in these situations, it endeavors to ensure that mediations provides just outcomes.

 

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Chapter 1            Introduction

Chapter 2            Informed decision-making and fairness: a consumer dispute

Chapter 3            Self-determination and public interest: a sexual harassment dispute

Chapter 4            Confidentiality and disclosure: a planning dispute

Chapter 5            Good faith, capacity and emotions: a neighbourhood dispute

Chapter 6            Culture and mediator’s values: a cross-cultural dispute

APPENDIX A        Expert Mediators Interviewed

APPENDIX B        Advisory Panel Members

APPENDIX C        National Mediator Accreditation System (NMAS)

 

Product Reviews

• Book Review - LIJ Jan-Feb 2019 [PDF 594497]