Exploring the potential of contextual ethics in mediation

Rachael Field*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

The Australian National Mediator Standards state that ‘the purpose of a mediation process is to maximise participants’ decision making’. To achieve this, the dominant model of mediation practised in Australia – the facilitative model – ethically requires the mediator to be in an ‘outsider-impartial’ role,3 as opposed to an ‘insider-partial’ role. That is, mediation ethics require mediators to be impartial facilitators of the process in order to ensure that the content and outcome of the dispute are self-determined by the parties. In managing the process impartially, a mediator is expected to be fair, even-handed, unbiased and free of prejudice. A mediator who is coercive, who favours one party over another or who makes a decision for the parties is not impartial and thereby is said to violate the possibility of party self-determination.
Original languageEnglish
Title of host publicationAlternative Perspectives on Lawyers and Legal Ethics
Subtitle of host publicationReimagining the Profession
EditorsFrancesca Bartlett, Reid Mortensen, Kieran Tranter
PublisherRoutledge
Pages193-217
Number of pages25
ISBN (Print)0203846885, 9780203846889
DOIs
Publication statusPublished - 16 Aug 2010
Externally publishedYes

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Field, R. (2010). Exploring the potential of contextual ethics in mediation. In F. Bartlett, R. Mortensen, & K. Tranter (Eds.), Alternative Perspectives on Lawyers and Legal Ethics: Reimagining the Profession (pp. 193-217). Routledge. https://doi.org/10.4324/9780203846889