Mediation and Social Norms: A Response to Dame Hazel Genn

Family Law, Vol. 39, p. 351, April 2009

5 Pages Posted: 2 Oct 2010 Last revised: 3 Oct 2010

See all articles by Charlie Irvine

Charlie Irvine

University of Strathclyde – Law School

Date Written: April 1, 2009

Abstract

This article is a response to one of Dame Hazel Genn's 2009 Hamlyn Lectures in which she criticised mediators for having 'no interest in fairness and justice'. It considers the role of social norms in mediation, reviewing Ellen Waldman's useful taxonomy, before concluding that mediation rhetoric is out of step with much UK practice. It proposes that an ethical approach requires a thorough examination of mediators' values, which should be clearly articulated for the benefit of clients and the credibility of the profession. This is best achieved by the development of reflective practice.

Keywords: mediation, social norms, values, reflective practice

JEL Classification: K40, K49

Suggested Citation

Irvine, Charlie, Mediation and Social Norms: A Response to Dame Hazel Genn (April 1, 2009). Family Law, Vol. 39, p. 351, April 2009, Available at SSRN: https://ssrn.com/abstract=1686197

Charlie Irvine (Contact Author)

University of Strathclyde – Law School ( email )

Graham Hills Building
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Glasgow, Scotland G1 1QE
United Kingdom
447779577019 (Phone)

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