Mediation ethics and the challenge of professionalisation

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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professionalization
mediation
moral philosophy
profession
regulation

Cite this

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abstract = "It is becoming more common to speak about mediation as aprofession. This raises the question of what form mediation ethicsshould take in the professional era. This article outlines two waysof thinking about mediation ethics — the regulatory model and thepractice model — and considers their suitability to address thechallenge of professionalisation. I examine the main features of thetwo models, then compare them with some core characteristics ofmediation as a dispute resolution process. I argue that while it istempting to associate professionalisation with the regulatory model,the practice model offers some important advantages in themediation context. I conclude that the mediation profession shouldaim to strike a balance between the two models, while generallyemphasising practice over regulation.",
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Mediation ethics and the challenge of professionalisation. / Crowe, Jonathan.

In: Bond Law Review, Vol. 29, No. 1, 2017, p. 5-14.

Research output: Contribution to journalArticleResearchpeer-review

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