Appendix I - A Proposed Model Code of Conduct for Mediators
Omer Shapira, A Theory of Mediators' Ethics: Foundations, Rationale, and Application (Cambridge University Press, 2016), Appendix I, pp.397-411
12 Pages Posted: 22 Feb 2018
Date Written: 2016
The Proposed Model Code of Conduct for Mediators is based on a comprehensive theory of mediators’ ethics discussed, explained, and justified in A Theory of Mediators' Ethics. The theory presents the ethical norms that apply to all mediators in Anglo-American societies, and the Proposed Code sums up the minimum requirements applicable to them. The Proposed Code may be useful ﬁrst and foremost to mediators who are not subject to a formal code of conduct and need guidance. As for mediators, mediator organizations, legislators, and scholars who think otherwise and adopt or advocate norms that differ from the Proposed Code, the Code and the Theory of Mediators' Ethics would be useful in two ways. First, the Proposed Code would provide them with resources for thinking critically about their decision, and challenge them to justify their decision on the basis of a competing theory of mediators’ ethics. And second, as codes of conduct for mediators are often vague, abstract, and have gaps, the Proposed Code may be useful for complementing existing codes by oﬀering tools for interpreting such codes in a manner consistent as far as possible with the Proposed Code and for ﬁlling in lacunae in codes in light of the Proposed Code (pp. 121-122).
Keywords: mediation, mediators, code of ethics, code of conduct, professional ethics, standards of conduct, self-determination, impartiality, conflicts of interest, neutrality, integrity, fairness, respect, honesty, confidentiality,
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