David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Legal Ethics 15 (1):111-122 (2012)
The objective of this paper is to discuss the tradition of adversarialism as it relates to mediation and to suggest ways in which good practice can be encouraged amongst mediation advocates. Mediation is a key mechanism for dispute resolution in the English and Welsh jurisdiction. The practice of the lawyers involved in the mediation process is shaped by various factors including training, codes of practice, behavioural norms and court guidance. The default skill set the legal professionals bring to the process is founded on the principle of adversarialism which is not suited to the core values of mediation. The developing professional group of mediation advocates, many of whom are from the legal professions, may benefit from a voluntarily assumed code of practice. The alternatives are to include provisions covering behaviour in mediation into existing codes of conduct for legal professionals and the adoption of more collaborative pre-meditation agreements which include lawyers. A combination of these measures is recommended as a way to assist the process of realignment of the advocate role from that of legal adversary to collaborator
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Jonathan Crowe & Rachael Field (2008). The Problem of Legitimacy in Mediation. Contemporary Issues in Law 9:48-60.
Calvin Smith (2000). Facilitating 'Perspectival Reciprocity' in Medication: Some Reflections on a Failed Case. [REVIEW] Human Studies 23 (1):1-21.
Nancy N. Dubler (2011). Bioethics Mediation: A Guide to Shaping Shared Solutions. Vanderbilt University Press.
Marc Lampe (2001). Mediation as an Ethical Adjunct of Stakeholder Theory. Journal of Business Ethics 31 (2):165 - 173.
Dodaro (2010). Augustine on the Roles of Christ and the Holy Spirit in the Mediation of Virtues. Augustinian Studies 41 (1):145-163.
Nicholas Joll (2010). Gaps: An Inquiry Into Determination and Deformation in Adorno. Studies in Social and Political Thought 17:12–30.
Peter-Paul Verbeek (2012). Expanding Mediation Theory. Foundations of Science 17 (4):391-395.
Asle H. Kiran (2012). Technological Presence: Actuality and Potentiality in Subject Constitution. [REVIEW] Human Studies 35 (1):77-93.
Yoni van Den Eede (2011). In Between Us: On the Transparency and Opacity of Technological Mediation. [REVIEW] Foundations of Science 16 (2):139-159.
Lucas D. Introna (2001). Virtuality and Morality. Philosophy in the Contemporary World 8 (1):31-39.
Added to index2012-06-28
Total downloads9 ( #245,889 of 1,725,158 )
Recent downloads (6 months)4 ( #167,174 of 1,725,158 )
How can I increase my downloads?