Mediation ethics and the challenge of professionalisation

Jonathan Crowe

Research output: Contribution to journalArticleResearchpeer-review

Abstract

It is becoming more common to speak about mediation as a
profession. This raises the question of what form mediation ethics
should take in the professional era. This article outlines two ways
of thinking about mediation ethics — the regulatory model and the
practice model — and considers their suitability to address the
challenge of professionalisation. I examine the main features of the
two models, then compare them with some core characteristics of
mediation as a dispute resolution process. I argue that while it is
tempting to associate professionalisation with the regulatory model,
the practice model offers some important advantages in the
mediation context. I conclude that the mediation profession should
aim to strike a balance between the two models, while generally
emphasising practice over regulation.
Original languageEnglish
Pages (from-to)5-14
Number of pages10
JournalBond Law Review
Volume29
Issue number1
Publication statusPublished - 2017

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