Ethics and Justice in Mediation

Ethics and Justice in Mediation PDF

Author: Mary Anne Noone

Publisher:

Published: 2018-07-30

Total Pages: 160

ISBN-13: 9780455501017

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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.

Mediation Ethics

Mediation Ethics PDF

Author: Rachael Field

Publisher: Edward Elgar Publishing

Published: 2020-05-29

Total Pages: 264

ISBN-13: 1786437783

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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.

Mediation Ethics

Mediation Ethics PDF

Author: Ellen Waldman

Publisher: John Wiley & Sons

Published: 2011-03-29

Total Pages: 470

ISBN-13: 0787995886

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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

Mediation

Mediation PDF

Author: Carrie J. Menkel-Meadow

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 668

ISBN-13: 1543820972

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Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators

Dispute Resolution Ethics

Dispute Resolution Ethics PDF

Author: Phyllis Bernard

Publisher: American Bar Association

Published: 2002

Total Pages: 536

ISBN-13:

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This book lays out the groundwork for dispute resolution ehtics at a time when the public is clamoring for ethical behavior in all walks of private and professional life.

A Theory of Mediators' Ethics

A Theory of Mediators' Ethics PDF

Author: Omer Shapira

Publisher: Cambridge University Press

Published: 2016-03-14

Total Pages: 499

ISBN-13: 1316565335

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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.

Mediation Ethics

Mediation Ethics PDF

Author: Omer Shapira

Publisher:

Published: 2021

Total Pages: 394

ISBN-13: 9781641059114

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"This book is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediations ethically"--

Dispute Resolution and Ethics

Dispute Resolution and Ethics PDF

Author: Margaret Castles

Publisher:

Published: 2014

Total Pages: 954

ISBN-13: 9780455233208

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"This textbook presents civil dispute resolution as a dynamic process, integrating skills for alternative dispute resolution and ethical conduct within litigation. It explores the nuanced role or lawyers in advancing their clients' interests in the context of their broader duties to justice and the courts. Focussing specifically on South Australian jurisdictions, it lays the foundation for a strategic and ethical approach to civil practice and dispute resolution." --Back cover.

Mediation

Mediation PDF

Author: Carrie Menkel-Meadow

Publisher: Aspen Publishers

Published: 2013

Total Pages: 0

ISBN-13: 9781454802624

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Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including law and policy, case examples, and practice guidelines for mediators and attorney representatives.