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Dispute Resolution and Arbitration

2021

Mediation ethics

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Full-Text Articles in Law

The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson Dec 2021

The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

What is the predominant function of ethics for the mediation profession in Singapore? Do ethical principles assume greater significance in light of increasing institutionalisation of mediation programmes in Singapore? What can mediators, mediation advocates and mediation institutions do to ensure consistent adherence to ethical standards? These and other related issues were discussed in a webinar organised by the Singapore Academy of Law in May 2021 featuring Lim Tat, Chuan Wee Meng and this author as panellists, together with See Chern Yang as moderator. This article highlights the notable discussion points of the webinar, including the significance of mediation ethics, common …


Mediation Ethics: From Theory To Practice, Field, Rachael And Crowe, Jonathan. Edward Elgar Publishing, 2020, Dorcas Quek Anderson Jul 2021

Mediation Ethics: From Theory To Practice, Field, Rachael And Crowe, Jonathan. Edward Elgar Publishing, 2020, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

For too long within the mediation field, there has been confusion on how the foundational principles of mediator neutrality, impartiality, and self-determination work together to bring about a fair outcome. There has been a corresponding lack of clarity on what the mediator does to ensure that these principles are collectively fulfilled through a consensual settlement. Astor (2007), who has written extensively on mediator neutrality, has described the mediator's role as maximizing party control. However, Astor also comments that making decisions aimed at maximizing party control is not simple and highly dependent on the context. The mediator has to intervene in …