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.
|Title of host publication||Alternative Perspectives on Lawyers and Legal Ethics|
|Subtitle of host publication||Reimagining the Profession|
|Editors||Francesca Bartlett, Reid Mortensen, Kieran Tranter|
|Number of pages||25|
|ISBN (Print)||0203846885, 9780203846889|
|Publication status||Published - 16 Aug 2010|
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