Mediation ethics in Australia : a case for rethinking the foundational paradigm

Field, Rachael M. (2012) Mediation ethics in Australia : a case for rethinking the foundational paradigm. James Cook University Law Review, 19, pp. 41-69.

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Abstract

In contemporary Western society, including Australia, professional mediation practice has developed with a specifically defined foundational approach - a problem-solving, facilitative method, in which the mediator's intervention is centred on providing the parties with a series of formal steps to assist their communication and to steer them towards a self-determined and mutually agreeable resolution of the issues in dispute. Facilitative mediation developed, in part, as a response to the adversarial system of law and justice. In that system the parties are said to lose control of their dispute, and a decision is imposed on them which invariably puts one party in a losing position. Facilitative mediation has offered an alternative to this inevitable outcome by offering the parties a democratic, cost-effective, party-centred, empowering, interests-based and principled option for resolving their dispute.

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ID Code: 62292
Item Type: Journal Article
Refereed: Yes
Additional Information: Special Edition on Conflict Resolution
Keywords: mediation, facilitative mediation , mediation ethics, dispute resolution
ISSN: 1321-1072
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Administrative Law (180103)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2012 James Cook University
Deposited On: 04 Sep 2013 22:32
Last Modified: 06 Sep 2013 00:22

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