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Applying the inclusive model of ethical decision making to mediation

journal contribution
posted on 2023-05-17, 19:52 authored by Hardy, S, Olivia RundleOlivia Rundle
There has been considerable discussion about ethics in mediation recently, particularly in relation to mediator accountability, public confidence, and legitimacy of mediation as a nascent 'profession'. The introduction of Australian National Mediator Practice Standards and various Ethical Standards has gone some way to defining and pursuing a level of consistency in mediation practice; however, many suggest that such codes and standards are insufficient, and in fact may be detrimental, in supporting ethical practice in mediation. Two authors, Julie Macfarlane and Rachael Field, have put forward persuasive arguments for a contextual approach to mediation ethics, based on reflective practice. The authors strongly support their views. However, mediators would still benefit from some guidance for their contextual navigation of ethical dilemmas in their practice. The authors propose in this article that the Inclusive Model of Ethical Decision Making provides a useful framework for developing contextual and reflective ethical practice in mediation. This model was developed in the social work context by Donna McAuliffe and Lesley Chenoweth.

History

Publication title

James Cook University Law Review

Volume

19

Issue

2012

Pagination

70-89

ISSN

1321-1072

Department/School

Faculty of Law

Publisher

James Cook University School of Law

Place of publication

Townsville

Rights statement

Copyright 2012 the authors.

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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