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 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 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 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 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 Mediation Ethics written by Omer Shapira and published by . This book was released on 2021 with total page 394 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 Ethics and Standards Manual for NJC Volunteer Mediators written by Los Angeles County Bar Association. Neighborhood Justice Center and published by . This book was released on 1987 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Informal Reckonings written by Andrew Woolford and published by Routledge. This book was released on 2008-01-15 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.
Download or read book Mediation written by Carrie Menkel-Meadow and published by Aspen Publishers. This book was released on 2013 with total page 0 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 law and policy, case examples, and practice guidelines for mediators and attorney representatives.
Download or read book Mediation written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2018-05-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems.
Download or read book Mediation Law and Practice written by David Spencer and published by Cambridge University Press. This book was released on 2007-02-08 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.
Download or read book Ethical Issues in Alternative Dispute Resolution written by Lola Akin Ojelabi and published by . This book was released on 2017-02-13 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing ethical issues in alternative dispute resolution (ADR) processes in no easy feat. What can an ADR practitioner do to support party self-determination when there is concern about a party's capacity; what is a practitioner's responsibility for substantive justice; does a practitioner's competence impact on the justice outcome. How an ADR practitioner responds to ethical concerns will influence the quality of justice, both procedural and substantive. The articles in this Special Issue, drawn from those presented at an ADR Ethics symposium for ADR practitioners in 2015, provide insights into aspects of justice, quality and practice issues in diverse ADR settings including mediation, family dispute resolution, restorative justice and statutory dispute resolution. Collectively the articles advance our understanding of the complex issue of ADR ethics. Ethics in Alternative Dispute Resolutionis a special issue (Volume 35 No 1) of the journal Law in Context. You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
Download or read book Nordic Mediation Research written by Anna Nylund and published by Springer. This book was released on 2018-04-03 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
Download or read book Justice and the Ethics of Legal Interpretation written by Susanna Lindroos-Hovinheimo and published by Routledge. This book was released on 2013-03-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations – can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify any legal decision, there is a responsibility that is inherent in legal interpretation itself. In this book, Susanna Lindroos-Hovinheimo uncovers and analyses this responsibility – which, she argues, is not limited by the text that is being interpreted (and through its mediation, by the legal system). It is not simply a responsibility to read well; it implies a responsibility for the effects of the interpretation in a particular situation and with regard to those whose case is being decided. Ultimately, it is a responsibility to do justice. It is these two aspects of responsibility that are conceptualised here as the two key dimensions of the ethics of legal interpretation: the textual and the situational. Drawing on the work of Wittgenstein, Gadamer, Derrida and Levinas, Justice and the Ethics of Legal Interpretation offers a fresh approach to long-standing questions about language and meaning in law. It will be of enormous value to those with interests in jurisprudence and legal theory.
Download or read book Dispute Resolution Ethics Adelaide University to 49 Pages 50 to 98 Pages 99 to 147 Pages 148 to 196 Pages 197 to 245 Pages 246 to 294 Pages 295 to 343 Pages 344 to 392 Pages 393 to 441 Pages 442 to 490 Pages 491 to 539 Pages 540 to 588 Pages 589 to 637 Pages 638 to 686 Pages 687 to 735 Pages 736 to 784 Pages 785 to 833 Pages 834 to 882 Pages 883 to 931 Pages 932 to 980 Pages 981 to 992 written by Anne Hewitt and published by . This book was released on 2014 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution and Ethics (2nd edition) conceptualises civil dispute resolution as a dynamic process integrating skills for alternative dispute processes and ethical conduct within litigation. It explores the multi-faceted role of lawyers in advancing their clients' interests in the context of the broader ethical duty to justice and the courts. Focussing specifically on South Australian jurisdictions, it lays the foundation for strategic and ethical approach to civil practice and dispute resolution for future practitioners. The 2015 edition incorporates significant 2014 amendments to the S.
Download or read book Victim Offender Mediation in Europe written by EUFORUMRJ and published by Leuven University Press. This book was released on 2000-06-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is an initiative of the European Forum for Victim-Offender Mediation and Restorative Justice, and results from its first conference which was held in Leuven, Belgium, from 27-29 October 1999. The first six chapters consider victim-offender mediation and restorative justice from a more theoretical point of view. These analyses of theoretical, legal, policy, ethical and societal aspects of mediation and restorative justice have been written by well-known scholars in this field. The second part of the book consists of overviews of the situation with regard to victim-offender mediation in the eight European countries in which it is currently the most developed (Austria, Belgium, Finland, France, Germany, Norway, Poland and the United Kingdom). For these last chapters, a multitude of information was collected in each of these countries, and this is presented and analysed comparatively. The following topics are discussed for each of the countries: the history of victim-offender mediation in that particular country, the legal context, policy and implementation, the number of programmes and the way they function, the practice of mediation, the number and characteristics of cases, evaluation and research, and finally challenges, obstacles and expectations for the future. This is probably the first time that such extensive reports on the practice of victim-offender mediation in Europe have been brought together in this way. In publishing this book the European Forum is seeking to contribute to the realisation of one of its objectives, namely providing people all over Europe - and beyond - with information on victim-offender mediation and restorative justice in other countries. Restorative justice is a relatively new field and is still very much evolving. A full exchange of information and ideas will contribute to this process.
