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

$44.99 (P)

  • Date Published: June 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781316507636

$ 44.99 (P)

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About the Authors
  • 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.

    • Provides a comprehensive and coherent theory of mediators' ethics
    • Applies an in-depth theoretical analysis to real cases that come up in mediation practice
    • Clarifies the meaning of key concepts such as party self-determination, mediator impartiality, conflict of interest, confidentiality and fairness
    • Proposes and justifies a new model code of conduct for mediators that applies to mediators in Anglo-American countries
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    Reviews & endorsements

    '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

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    Product details

    • Date Published: June 2018
    • format: Paperback
    • isbn: 9781316507636
    • length: 498 pages
    • dimensions: 230 x 153 x 21 mm
    • weight: 0.77kg
    • contains: 37 b/w illus.
    • availability: Available
  • Table of Contents

    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).

  • Author

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

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