Proposing A System of Contextual Ethics for Mediation for A Range of Mediation Models and in Both Ad Hoc and Institutional Environments

Contemporary Asia Arbitration Journal, Vol. 10, No. 2, pp. 293-319, November 2017

28 Pages Posted: 13 Dec 2017

See all articles by Rachael Field

Rachael Field

Bond University - School of Law

Date Written: November 30, 2017

Abstract

Mediator neutrality and impartiality are foundational ethical principles for mediation practice in many countries around the world, and in both ad hoc and institutional contexts. This article critically analyses the ethics of neutrality and impartiality, arguing that the problems with these ethics principles create an imperative to find an alternative ethical paradigm that can ensure that party self-determination is upheld. The article proposes a contextual ethical paradigm and method for mediation, with the pursuit of party self-determination as its foundational tenet and key guiding principle. This alternative ethical approach is relevant both across a range of mediation models, and to ad hoc and institutional mediation environments.

Keywords: mediation, neutrality, impartiality, self-determination, ethics, contextual

Suggested Citation

Field, Rachael, Proposing A System of Contextual Ethics for Mediation for A Range of Mediation Models and in Both Ad Hoc and Institutional Environments (November 30, 2017). Contemporary Asia Arbitration Journal, Vol. 10, No. 2, pp. 293-319, November 2017, Available at SSRN: https://ssrn.com/abstract=3085577

Rachael Field (Contact Author)

Bond University - School of Law ( email )

Gold Coast, QLD 4229
Australia

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