Ethics in Alternative Dispute Resolution

Law › Arbitration / Mediation / Litigation

Ethics in Alternative Dispute Resolution

By Ojelabi and Mary Anne Noone
The Federation Press February 2017

Specifications

ISBN-13
9781760021306
Publisher
The Federation Press
Publication
February 2017
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Addressing ethical issues in alternative dispute resolution (ADR) processes in no easy feat. What can an ADR practitioner do to support party self-determination when there is concern about a party’s capacity; what is a practitioner’s responsibility for substantive justice; does a practitioner’s competence impact on the justice outcome. How an ADR practitioner responds to ethical concerns will influence the quality of justice, both procedural and substantive.

The articles in this Special Issue, drawn from those presented at an ADR Ethics symposium for ADR practitioners in 2015, provide insights into aspects of justice, quality and practice issues in diverse ADR settings including mediation, family dispute resolution, restorative justice and statutory dispute resolution. Collectively the articles advance our understanding of the complex issue of ADR ethics.

Table of Contents

Introduction
Lola Akin Ojelabi and Mary Anne Noone
ADR Processes: Connections Between Purpose, Values, Ethics and Justice
Lola Akin Ojelabi and Mary Anne Noone
Inequality in America and Spillover Effects on Mediation Practice: Disputing for the 1 Percent and the 99 Percent
Ellen Waldman
Ethics in Mediation: Centralising Relationships of Trust
Susan Douglas
An Ethical Evaluation Process for Mediators: a Preliminary Exploration of Factors which Impact Ethical Decision-Making
Bobette Wolski
Playing the Language Game of Family Mediation: Implications for Mediator Ethics
Rachael Field and Jonathan Crowe
Ethical Conundrums Facing Mediators: Comparing Processes; Identifying Challenges and Opportunities
Judy Gutman and Jodie Grant
Ethical Concerns for Owners Corporation Managers who Informally Mediate in Owners Corporation Disputes: the Need for a Community of Practice
Kathy Douglas and Rebecca Leshinsky
The Ethics of Appropriate Justice Approaches: Lessons from a Restorative Response to Institutional Abuse
Alikki Vernon
 
 
 
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