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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.
List 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).
About the author
Omer Shapira is Senior Lecturer in the Law Faculty at Ono Academic College, Israel.
Summary
Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
