Mediation as a Calling: Addressing the Disconnect between Mediation Ethics and the Practices of Lawyer Mediators

11 Pages Posted: 15 Nov 2015

Date Written: 2008

Abstract

The purpose of this essay is to outline a problem that I believe we face in lawyer-mediated cases, speculate about the causes of the problem, and tentatively and cautiously suggest possible solutions. The problem is the apparent disconnect between mediation’s core values as expressed in most, if not all, of the mediator standards of conduct, and the predominant practices of lawyer mediators.

Mediator ethics has become a subject of widespread attention. Interest in developing appropriate standards of conduct for mediators has been fueled by the increasing popularity of court-sponsored mediation programs during the final decade of the twentieth century and into the twenty-first. Courts, both state and federal, in several jurisdictions, have promulgated mediator ethics rules to regulate the behavior of court-appointed mediators; these rules often borrow “language from standards of conduct for mediators that had been developed by professional organizations and ADR [Alternative Dispute Resolution] practitioners.” In some states, state bar associations or ADR organizations have published statewide standards.

Keywords: Mediation, Ethics

Suggested Citation

Alfini, James J., Mediation as a Calling: Addressing the Disconnect between Mediation Ethics and the Practices of Lawyer Mediators (2008). South Texas Law Review, Vol. 49, 2008, Available at SSRN: https://ssrn.com/abstract=2690385

James J. Alfini (Contact Author)

South Texas College of Law ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

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