The mediator and ethical dilemmas: a proposed framework for reflection

  • Louise Otis
    Canada

Abstract

Mediation frequently gives rise to dilemmas that involve ethics, professional codes of ethics and the Law. Ethical dilemmas arise in the course of judicial mediation as well as in extrajudicial mediation. While codes of professional conduct set forth the regulatory principles intended to guide mediators in their interventions, they cannot foresee all the ethical issues and questions that arise in the course of mediation activities. This article will: (1) examine the basic ethical principles that apply to mediators; (2) consider how some of these principles can come into conflict; (3) identify ethical dilemmas encountered by mediators; and (4) propose a reflexive reasoning process for making ethical choices.

Keywords

Ethical dilemma, Mediator, Judge mediator


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