Rethinking mediation ethics: A contextual method to support party self-determination

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Abstract

In the current ethical paradigm of mediation practice there is a problematic dissonance
between achieving mediator impartiality and relational party self-determination. Without a
reliable ethical foundation for mediation practice, the legitimacy and credibility of the
process is brought into question. This article considers the possibility of an alternative
ethical approach in mediation; a contextual ethical method, with the pursuit of relational
party self-determination as its foundational tenet and norm. This approach would free
mediators to use their professional judgment, and their moral agency, to make ethical
decisions to ensure that the promise of relational party self-determination is made possible
and real.
Original languageEnglish
JournalAustralasian Dispute Resolution Journal
Volume22
Issue number1
Publication statusPublished - Feb 2011
Externally publishedYes

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