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Author: Mary Anne Noone Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Like much of the western world, in Australia, Alternative Dispute Resolution (ADR) is an integral aspect of the modern legal system, and mediation is used extensively to resolve civil disputes in courts and tribunals. However, what justice means in the mediation context is contested. The widespread use of mediation and the increase in the number of practitioners from various disciplines means there is a diversity of views on issues of justice, which are outlined in this Article. Equally, what constitutes ethical practice for mediators is a vexing question. There are no clear practical guidelines for mediators on the many questions about what ethical behavior and justice mean for mediators. While professional codes and standards are designed to assist mediators in resolving ethical issues, dilemmas still arise because codes do not cover all issues that occur; they sometimes contain competing/conflicting values, and they may also conflict with the mediators' personal values. This Article explores the ethical challenges mediators face, including how they identify and respond to those challenges. Justice in mediation is examined through the lens of ethical considerations for mediators. In a research study, we asked experienced mediators to respond to case scenarios containing a range of ethical and practical issues. As expected, there was some uniformity in responses, but--more revealing--participants diverged significantly on a number of matters. The Australian mediators' responses indicate that despite the agreed critical role of self-determination in mediation, mediators have individual moral compasses. These compasses lead mediators to a variety of responses to ethical and practical challenges, and to different views about what constitutes justice in mediation. Although the research is based in Australia, the findings have resonance for mediators globally, including in the United States. Overall, these research findings suggest the question of what constitutes ethical mediation practice warrants further research, reflection, and discussion.
Author: Mary Anne Noone Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Like much of the western world, in Australia, Alternative Dispute Resolution (ADR) is an integral aspect of the modern legal system, and mediation is used extensively to resolve civil disputes in courts and tribunals. However, what justice means in the mediation context is contested. The widespread use of mediation and the increase in the number of practitioners from various disciplines means there is a diversity of views on issues of justice, which are outlined in this Article. Equally, what constitutes ethical practice for mediators is a vexing question. There are no clear practical guidelines for mediators on the many questions about what ethical behavior and justice mean for mediators. While professional codes and standards are designed to assist mediators in resolving ethical issues, dilemmas still arise because codes do not cover all issues that occur; they sometimes contain competing/conflicting values, and they may also conflict with the mediators' personal values. This Article explores the ethical challenges mediators face, including how they identify and respond to those challenges. Justice in mediation is examined through the lens of ethical considerations for mediators. In a research study, we asked experienced mediators to respond to case scenarios containing a range of ethical and practical issues. As expected, there was some uniformity in responses, but--more revealing--participants diverged significantly on a number of matters. The Australian mediators' responses indicate that despite the agreed critical role of self-determination in mediation, mediators have individual moral compasses. These compasses lead mediators to a variety of responses to ethical and practical challenges, and to different views about what constitutes justice in mediation. Although the research is based in Australia, the findings have resonance for mediators globally, including in the United States. Overall, these research findings suggest the question of what constitutes ethical mediation practice warrants further research, reflection, and discussion.
Author: Ellen Waldman Publisher: John Wiley & Sons ISBN: 0787995886 Category : Law Languages : en Pages : 470
Book Description
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. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates
Author: Rachael Field Publisher: Edward Elgar Publishing ISBN: 1786437783 Category : Law Languages : en Pages : 264
Book Description
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Author: Mary Anne Noone Publisher: ISBN: 9780455501017 Category : Justice Languages : en Pages : 160
Book Description
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.
Author: Jean Poitras Publisher: Rowman & Littlefield ISBN: 0765709635 Category : Family & Relationships Languages : en Pages : 194
Book Description
Drawing on the experience of more than 175 mediators from across the spectrum of mediation practice and among different geographic regions, such as the U.S., Australia, Europe, Israel, and Canada, this book presents the best practices for mediators to emulate.
Author: Nancy N. Dubler Publisher: United Hospital Fund ISBN: Category : Bioethics Languages : en Pages : 260
Book Description
This book provides the theory, practice, and hands-on tools needed to resolve the medical care disputes that regularly entangle patients, family members, physicians, and other health care professionals. While these disputes may indeed raise ethical issues, they are first and foremost conflicts among individuals with complex, strongly held positions. Building on this fresh perspective, the authors make a thoughtful, systematic case for the use of mediation skills and techniques to achieve "principled resolutions" to troubling, often life-and-death questions. Bioethics Mediation: A Guide to Shaping Shared Solutions is a commonsense introduction to mediation for bioethics committees, consultants, and other health care professionals, making cogent arguments for the need for mediation in the medical context. It is also an invaluable guide for mediators wishing to learn more about bioethics and the complex medical conflicts so prevalent in contemporary health care. Book jacket.
Author: Lisa G. Lerman Publisher: Aspen Publishing ISBN: 1543817440 Category : Law Languages : en Pages : 1008
Book Description
This problem-based book reflects the authors’ broad range of teaching, clinical, and policy-making experience. Ethical Problems in the Practice of Law’s carefully crafted ethical problems challenge students to engage in a deep analysis and participate in lively class discussion. New to the Fifth Edition: Comprehensive updates to reflect the many new developments in this fast-moving field. The authors carefully revised the entire text, adding six new problems and countless new case examples to illustrate the operation of “lawyer law.” Expanded coverage of ethics issues for arbitrators and mediators. Expanded coverage of the ethical challenges and pitfalls faced by lawyers in light of advancing technology. Deeper discussion of issues of diversity and discrimination in the legal profession. Updated and enhanced materials on innovations and transformations in the legal profession and the regulation of lawyers in the United States and abroad, including innovation in financing law practice and litigation, and offshoring legal work. Additional material on continuing efforts to address the unmet need for legal services, including licensing of nonlawyers to provide limited legal services. Professors and students will benefit from: Real-world problems, most based on actual cases, in which students are asked to step into the shoes of practicing lawyers to confront difficult ethical dilemmas that often arise in the early years of law practice. Problem-based approach, often based on real-life cases, offers students a practical way to test their understanding Problem method engages students and generates class discussion, because most problems present head-scratching dilemmas that students must puzzle through together Graphics (cartoons, tables, photos) throughout, which make the presentation lively and engaging Clear expositions of the law allow professors to devote the majority of class time to interactive discussion of the problems Transformation of a course from an often-boring upper-class requirement to a learning environment that is educationally rich, engaging and fun Shocking examples of recent lawyer misconduct maintain student interest A readable and enjoyable law school textbook
Author: Omer Shapira Publisher: Cambridge University Press ISBN: 1316565335 Category : Law Languages : en Pages : 499
Book Description
Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.
Author: Jennifer L. Schulz Publisher: Routledge ISBN: 0429602049 Category : Law Languages : en Pages : 161
Book Description
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.
Author: Mary Anne Noone
Author: Mary Anne Noone
Author: Ellen Waldman
Author: Rachael Field
Author: Mary Anne Noone
Author: Omer Shapira
Author: Jean Poitras
Author: Nancy N. Dubler
Author: Lisa G. Lerman
Author: Omer Shapira
Author: Jennifer L. Schulz