A Theory of Mediators' Ethics: Foundations, Rationale, and Application

by Omer Shapira

Overview

Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.

Product Details

ISBN-13:	9781316507636
Publisher:	Cambridge University Press
Publication date:	06/14/2018
Pages:	498
Product dimensions:	6.02(w) x 9.06(h) x 0.83(d)

About the Author

Omer Shapira is Senior Lecturer in the Law Faculty at Ono Academic College, Israel.

Table of Contents

Preface; Part I. A Theory of Professional Ethics: 1. Fundamental concepts; 2. Ethical relationships; Part II. A Theory of Mediators' Ethics: 3. Mediation, mediators' role, and mediators' ethics; 4. Party self-determination; 5. Mediator competence; 6. Conflicts of interest; 7. Mediator impartiality; 8. Professional integrity; 9. Diligence, respect and dignity, and honesty; 10. Confidentiality; 11. Fairness; 12. Maintaining the profession's standing and advancement of the profession; 13. Advertising, solicitation, and mediator fees; 14. Obligations to employers and principals; Part III. Dealing With Ethical Problems: 15. Ethical decision-making; 16. Case illustrations; Appendix I. A proposed model code of conduct for mediators; Appendix II. Model standards of conduct for mediators (2005).

Editorial Reviews

'Shapira's capacious understanding of mediator obligations shapes every aspect of the theory he elaborates. … There is much of interest. … Shapira writes well and clearly, and his logic is easy to follow.' Dispute Resolution Magazine

'Shapira writes well and clearly, and his logic is easy to follow. If you've ever had a case that kept you up at night - or even if you haven't - this book will get you thinking more deeply about the work you do.' Ellen Waldman, Dispute Resolution Magazine

'A Theory of Mediators' Ethics is thoughtful, provocative and even magisterial in its examination of mediators' ethics. Its 'perspective from above' - supported by realistic case illustrations - should be taken into consideration by all who are responsible for creating, revising, or complying with ethics codes for mediators.' Nancy A. Welsh, Asian Journal on Mediation

'Shapira provides an excellent alternative to the vaguely written codes by providing a model of mediator ethics which serves as a foundation and can be adjusted and adapted to current issues, providing a sound guide for mediators in all aspects of the profession. This would be an excellent text for all mediators and students of mediation.' Peggy Proudfoot Harman, Journal of Social Work Values and Ethics

'Shapira makes a plausible theoretical and practical argument for his role-specific construct, and his work is a significant addition to the ADR literature.' Barbara Wilson, Mediation Theory and Practice

'The strength of Shapira’s extensive and comprehensive text, is the innovative combination of various forms of resources … The result is a substantive contribution to the profession of mediation … Shapira successfully reaches the intended goal of providing tools for guiding mediators. These tools, at the very least, can begin to guide mediators no matter their location and context and indeed ‘fill up lacunas’ of ethical guidance in mediation practice.' Saran Fina Sidime, African Journal on Conflict Resolution

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