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

£34.99

  • Date Published: June 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781316507636

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About the Authors
  • 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.

    • Provides a comprehensive and coherent theory of mediators' ethics
    • Applies an in-depth theoretical analysis to real cases that come up in mediation practice
    • Clarifies the meaning of key concepts such as party self-determination, mediator impartiality, conflict of interest, confidentiality and fairness
    • Proposes and justifies a new model code of conduct for mediators that applies to mediators in Anglo-American countries
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    Reviews & endorsements

    'Shapira's capacious understanding of mediator obligations shapes every aspect of the theory he elaborates. … There is much of interest. … Shapira writes well and clearly, and his logic is easy to follow.' Dispute Resolution Magazine

    'Shapira writes well and clearly, and his logic is easy to follow. If you've ever had a case that kept you up at night - or even if you haven't - this book will get you thinking more deeply about the work you do.' Ellen Waldman, Dispute Resolution Magazine

    'A Theory of Mediators' Ethics is thoughtful, provocative and even magisterial in its examination of mediators' ethics. Its 'perspective from above' - supported by realistic case illustrations - should be taken into consideration by all who are responsible for creating, revising, or complying with ethics codes for mediators.' Nancy A. Welsh, Asian Journal on Mediation

    'Shapira provides an excellent alternative to the vaguely written codes by providing a model of mediator ethics which serves as a foundation and can be adjusted and adapted to current issues, providing a sound guide for mediators in all aspects of the profession. This would be an excellent text for all mediators and students of mediation.' Peggy Proudfoot Harman, Journal of Social Work Values and Ethics

    'Shapira makes a plausible theoretical and practical argument for his role-specific construct, and his work is a significant addition to the ADR literature.' Barbara Wilson, Mediation Theory and Practice

    '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

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    Product details

    • Date Published: June 2018
    • format: Paperback
    • isbn: 9781316507636
    • length: 498 pages
    • dimensions: 230 x 153 x 21 mm
    • weight: 0.77kg
    • contains: 37 b/w illus.
    • availability: Available
  • Table of Contents

    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).

  • Author

    Omer Shapira, Ono Academic College, Israel
    Omer Shapira is Senior Lecturer in the Law Faculty at Ono Academic College, Israel.

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