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Confidentiality: An ethical dilemma for marketing mediation?

Field, Rachael M. & Wood, Neal J. (2006) Confidentiality: An ethical dilemma for marketing mediation? Australasian Dispute Resolution Journal, 17(2), pp. 79-87.

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Abstract

Issues of ethical marketing practice are becoming more important as the popularity of mediation grows, and as its use as a dispute resolution option of first resort increases. Potential parties to mediation are relying on marketing and promotional material to make decisions about the appropriateness of the process for them. Therefore, the mediation profession must be clear, accurate and ethical about how mediation is marketed. This article considers the issue of ethical marketing practice in the context of mediation through a focus on confidentiality. First, the article explores the theory of confidentiality and its use in the marketing information of key Australian mediation service providers. Second, the reality of confidentiality in mediation is critiqued. Third, it is argued that confidentiality is insufficiently assured in the mediation environment to allow for its ethical use in a marketing context. Finally, two key reasons why ethical considerations may be compromised in terms of marketing mediation on the basis of confidentiality are considered.

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ID Code: 6287
Item Type: Journal Article
ISSN: 1441-7847
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2006 Thomson Legal and Regulatory
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 04 Oct 2007
Last Modified: 29 Feb 2012 23:23

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