Download or read book Ethical Challenges for Mediators Around the Globe written by Mary Anne Noone and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mediation Ethics written by Ellen Waldman and published by John Wiley & Sons. This book was released on 2011-03-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Mediation Ethics written by Rachael Field and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ethics and Justice in Mediation written by Mary Anne Noone and published by . This book was released on 2018-07-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Bioethics Mediation written by Nancy N. Dubler and published by United Hospital Fund. This book was released on 2004 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Theory of Mediators Ethics written by Omer Shapira and published by Cambridge University Press. This book was released on 2016-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Download or read book Expert Mediators written by Jean Poitras and published by Rowman & Littlefield. This book was released on 2013 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ethical Problems in the Practice of Law written by Lisa G. Lerman and published by Aspen Publishing. This book was released on 2020-02-05 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Mediation Popular Culture written by Jennifer L. Schulz and published by Routledge. This book was released on 2020-03-09 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Theory of Mediators Ethics written by Omer Shapira and published by Cambridge University Press. This book was released on 2016-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Mediation written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2020-02-02 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Dilemmas of Mediation Practice written by Robert A. Baruch Bush and published by . This book was released on 1992 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation Ethics written by Omer Shapira and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediations ethically"--
Download or read book Digital Dilemmas written by Robert I. Berkman and published by Wiley-Blackwell. This book was released on 2003-04-21 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Journalism and mass communications professionals entering the innovative world of new media technology face a wave of challenging and often unanticipated ethical quandaries. Digital Dilemmas: Ethical Issues for Online Media Professionals is the first title in Blackwell Publishing's Media and Technology series (Alan B. Albarran, series editor). This important new text establishes a framework for discussing, understanding, and ultimately making sound decisions on meeting these ethical challenges. In addition, the book provides guidelines for approaching and making decisions from an ethical standpoint. Part one of the text gives background and overview information to examine existing professional ethical codes and their applicability in the new media. Part two delves into the ethical dilemmas faced by all online communications professionals—privacy, speech and intellectual property. Part three warns the reader about three specific types of ethical hazards—speed vs. accuracy and quality; validating Internet sources; and blurring editorial with commercial information. Through the use of historical summaries, discussion of specific problems, case study illustrations, critical thinking exercises, chapter summaries, key points, and recommended readings, each chapter comprehensively explores ethical issues. Aimed at students as well as practicing journalists and media professionals, Digital Dilemmas serves as the essential text and user’s guide to the emerging ethical challenges facing those who work or plan to work in the online media.
Download or read book Ethics in the Expanding World of ADR written by and published by . This book was released on 2008 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of Ethics in ADR written by and published by Aspatore Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.
Download or read book Mediation Involving Juveniles written by Robert A. Baruch Bush and published by . This book was released on 1991 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
