A Theory of Mediators' Ethics
Foundations, Rationale, and Application

Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.

Omer Shapira (Author)

9781107143043, Cambridge University Press

Hardback, published 14 March 2016

470 pages, 37 b/w illus.
23.5 x 15.6 x 3.1 cm, 0.83 kg

'The strength of Shapira's extensive and comprehensive text, is the innovative combination of various forms of resources … The result is a substantive contribution to the profession of mediation … Shapira successfully reaches the intended goal of providing tools for guiding mediators. These tools, at the very least, can begin to guide mediators no matter their location and context and indeed 'fill up lacunas' of ethical guidance in mediation practice.' Saran Fina Sidime, African Journal on Conflict Resolution

Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.

Preface
Part I. A Theory of Professional Ethics: 1. Fundamental concepts
2. Ethical relationships
Part II. A Theory of Mediators' Ethics: 3. Mediation, mediators' role, and mediators' ethics
4. Party self-determination
5. Mediator competence
6. Conflicts of interest
7. Mediator impartiality
8. Professional integrity
9. Diligence, respect and dignity, and honesty
10. Confidentiality
11. Fairness
12. Maintaining the profession's standing and advancement of the profession
13. Advertising, solicitation, and mediator fees
14. Obligations to employers and principals
Part III. Dealing With Ethical Problems: 15. Ethical decision-making
16. Case illustrations
Appendix I. A proposed model code of conduct for mediators
Appendix II. Model standards of conduct for mediators (2005).

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5]