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Mediation Ethics: Cases and Commentaries



Mediation Ethics: Cases and Commentaries

Ellen Waldman

ISBN: 978-1-118-00134-9 February 2011 Jossey-Bass 464 Pages

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Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness.

Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting.

Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation.

Commentaries by

  • Harold Abramson

  • Phyllis Bernard

  • John Bickerman

  • Melissa Brodrick

  • Dorothy J. Della Noce

  • Dan Dozier

  • Bill Eddy

  • Susan Nauss Exon

  • Gregory Firestone

  • Dwight Golann

  • Art Hinshaw

  • Jeremy Lack

  • Carol B. Liebman

  • Lela P. Love

  • Julie Macfarlane

  • Carrie Menkel-Meadow

  • Bruce E. Meyerson

  • Michael Moffitt

  • Forrest S. Mosten

  • Jacqueline

  • Nolan-Haley

  • Bruce Pardy

  • Charles Pou

  • Mary Radford

  • R. Wayne Thorpe

  • John Winslade

  • Roger Wolf

  • Susan M. Yates



1 Values, Models, and Codes.

2 Autonomy and Diminished Capacity Commentators: Carol B. Liebman and Mary Radford.

3 Autonomy and the Emotions Commentators: Dorothy Della Noce and John Winslade.

4 Disputant Autonomy and Power Imbalance Commentators: Forrest S. Mosten and Bill Eddy.

5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant Commentators: Lela P. Love and Jacqueline Nolan-Haley.

6 Information, Autonomy, and the Unrepresented Party Commentators: Michael Moffitt and Dan Dozier.

7 Mediating on the Wrong Side of the Law Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane.

8 Mediating with Lies in the Room Commentators: Dwight Golann and Melissa Brodrick.

9 Confidentiality Commentators: Bruce Pardy and Charles Pou.

10 Confidentiality Continued: Attorney Misconduct or Child Abuse Commentators: Art Hinshaw and Gregory Firestone.

11 Conflicts of Interest Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon.

12 Mediating Multiculturally: Culture and the Ethical Mediator Commentators: Carrie Menkel-Meadow and Harold Abramson.

13 Ethics for ADR Provider Organizations Commentators: Phyllis Bernard and Susan M. Yates.

Appendix: Model Standards for Conduct of Mediators.


The Editor.

The Contributors.