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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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A Theory of Mediators' Ethics: Foundations, Rationale, and Application

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ISBN13: 9781107143043
Published: March 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £89.99

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.

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Arbitration and Dispute Resolution
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).