Ethics and the Mediation Community
J Crowe, 'Ethics and the Mediation Community' (2015) 26 Australasian Dispute Resolution Journal 20-25
University of Queensland TC Beirne School of Law Research Paper No. 15-64
6 Pages Posted: 21 Jul 2015 Last revised: 20 Dec 2017
Date Written: March 17, 2015
Abstract
What does it mean to think communally about mediation ethics? This article develops a model of mediation ethics that draws on recent literature in moral psychology concerning the formation of ethical judgments. The model rests on a conception of ethical judgment as a practical skill developed over time by repeated exposure to ethical dilemmas. Ethical practice relies on snap judgments that are refined through reflection and dialogue. The resulting picture of mediation ethics is situational, not rule-oriented; diachronic, not synchronic; and community-oriented, not individualistic. The community oriented nature of the model points to the importance of recognising mediation as a profession with its own specialties. It invites further reflection upon the role of the mediation community in promoting ethical discourse and formulating guidelines for practice.
Keywords: Mediation, ethics, judgment, professionalism
JEL Classification: K00
Suggested Citation: Suggested Citation