Applying the inclusive model of ethical decision making to mediation

Hardy, Samantha, and Rundle, Olivia (2012) Applying the inclusive model of ethical decision making to mediation. James Cook University Law Review, 19. pp. 70-89.

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Abstract

There has been considerable discussion about ethics in mediation recently, particularly in relation to mediator accountability, public confidence, and legitimacy of mediation as a nascent 'profession'. The introduction of Australian National Mediator Practice Standards and various Ethical Standards has gone some way to defining and pursuing a level of consistency in mediation practice; however, many suggest that such codes and standards are insufficient, and in fact may be detrimental, in supporting ethical practice in mediation. Two authors, Julie Macfarlane and Rachael Field, have put forward persuasive arguments for a contextual approach to mediation ethics, based on reflective practice. The authors strongly support their views. However, mediators would still benefit from some guidance for their contextual navigation of ethical dilemmas in their practice. The authors propose in this article that the Inclusive Model of Ethical Decision Making provides a useful framework for developing contextual and reflective ethical practice in mediation.

Item ID: 25349
Item Type: Article (Research - C1)
ISSN: 1321-1072
Keywords: mediation; ethics
Date Deposited: 23 May 2013 00:22
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 100%
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