Proposing a system of contextual ethics for mediation for a range of mediation models and in both ad hoc and institutional environments

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Mediator neutrality and impartiality are foundational ethical principles for mediation practice in many countries around the world, and in both ad hoc and institutional contexts. This article critically analyses the ethics of neutrality and impartiality, arguing that the problems with these ethics principles create an imperative to find an alternative ethical paradigm that can ensure that party self-determination is upheld. The article proposes a contextual ethical paradigm and method for mediation, with the pursuit of party self-determination as its foundational tenet and key guiding principle. This alternative ethical approach is relevant both across a range of mediation models, and to ad hoc and institutional mediation environments.
Original languageEnglish
Article number6
Pages (from-to)293-320
Number of pages28
JournalContemporary Asia Arbitration Journal
Volume10
Issue number2
Publication statusPublished - Nov 2017

Fingerprint

mediation
moral philosophy
neutrality
self-determination
paradigm

Cite this

@article{369f88706cf94cea85b475206ee95f81,
title = "Proposing a system of contextual ethics for mediation for a range of mediation models and in both ad hoc and institutional environments",
abstract = "Mediator neutrality and impartiality are foundational ethical principles for mediation practice in many countries around the world, and in both ad hoc and institutional contexts. This article critically analyses the ethics of neutrality and impartiality, arguing that the problems with these ethics principles create an imperative to find an alternative ethical paradigm that can ensure that party self-determination is upheld. The article proposes a contextual ethical paradigm and method for mediation, with the pursuit of party self-determination as its foundational tenet and key guiding principle. This alternative ethical approach is relevant both across a range of mediation models, and to ad hoc and institutional mediation environments.",
author = "Field, {Rachael M}",
year = "2017",
month = "11",
language = "English",
volume = "10",
pages = "293--320",
journal = "Contemporary Asia Arbitration Journal",
issn = "1999-9747",
publisher = "National Taiwan University (IEEB)",
number = "2",

}

Proposing a system of contextual ethics for mediation for a range of mediation models and in both ad hoc and institutional environments. / Field, Rachael M.

In: Contemporary Asia Arbitration Journal, Vol. 10, No. 2, 6, 11.2017, p. 293-320.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Proposing a system of contextual ethics for mediation for a range of mediation models and in both ad hoc and institutional environments

AU - Field, Rachael M

PY - 2017/11

Y1 - 2017/11

N2 - Mediator neutrality and impartiality are foundational ethical principles for mediation practice in many countries around the world, and in both ad hoc and institutional contexts. This article critically analyses the ethics of neutrality and impartiality, arguing that the problems with these ethics principles create an imperative to find an alternative ethical paradigm that can ensure that party self-determination is upheld. The article proposes a contextual ethical paradigm and method for mediation, with the pursuit of party self-determination as its foundational tenet and key guiding principle. This alternative ethical approach is relevant both across a range of mediation models, and to ad hoc and institutional mediation environments.

AB - Mediator neutrality and impartiality are foundational ethical principles for mediation practice in many countries around the world, and in both ad hoc and institutional contexts. This article critically analyses the ethics of neutrality and impartiality, arguing that the problems with these ethics principles create an imperative to find an alternative ethical paradigm that can ensure that party self-determination is upheld. The article proposes a contextual ethical paradigm and method for mediation, with the pursuit of party self-determination as its foundational tenet and key guiding principle. This alternative ethical approach is relevant both across a range of mediation models, and to ad hoc and institutional mediation environments.

M3 - Article

VL - 10

SP - 293

EP - 320

JO - Contemporary Asia Arbitration Journal

JF - Contemporary Asia Arbitration Journal

SN - 1999-9747

IS - 2

M1 - 6

ER -