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1994

Dispute Resolution and Arbitration

Ethical dilemma

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Full-Text Articles in Law

Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush, Jan 1994

Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush,

Journal of Dispute Resolution

This paper is based on research sponsored by the National Institute for Dispute Resolution and by Hofstra University School of Law. The research involved interviews with roughly eighty mediators working in one of the three areas mentioned above. The mediators were asked to identify situations they had experienced in mediation that, in their view, raised difficult ethical dilemmas on which they felt the need for guidance by professional standards and program policy. This report summarizes and illustrates the findings of the research as to the major types of dilemmas practicing mediators are confronted with and analyzes these dilemmas and their ...


Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush Jan 1994

Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush

Journal of Dispute Resolution

The invitation to republish here the report on my study of mediators' ethical dilemmas was a very gratifying one. My hope was that this report would generate further thought and discussion on this important subject, and this symposium will certainly help to realize that aim. For this I am grateful to the editors of the Journal and their advisor, Professor Leonard Riskin. Moreover, the best part of this invitation was that it contemplated the publication of comments on the report from a number of well-known and thoughtful figures in the mediation field. This kind of public dialogue is something all ...


Ethical Dilemmas Or Benign Neglect, Richard A. Salem Jan 1994

Ethical Dilemmas Or Benign Neglect, Richard A. Salem

Journal of Dispute Resolution

But, the real message of this study is that guidance for mediators facing ethical dilemmas is long past due. The Florida mediators, as might have been anticipated, are encountering a number of ethical problems that are familiar to mediators elsewhere and that are endemic to practicing in this field. But, as Professor Bush suggests, the interviews indicate that some of the problems confronting Florida mediators result from their being placed in the untenable position of not being provided with: (1) sufficient policy and procedural guidelines; or (2) training to competently mediate cases being referred to them.


Ethics: No One Ever Said It Would Be Easy: Bush's Contribution To Mediation Practice, Albie M. Davis Jan 1994

Ethics: No One Ever Said It Would Be Easy: Bush's Contribution To Mediation Practice, Albie M. Davis

Journal of Dispute Resolution

The beauty of Robert Baruch Bush's research on ethics is that his conclusions grow out of the real life experiences of mediators.' Yes, his interpretation is influenced by his own biases, and yes, the Florida mediation scene, where he made his observations, is not a microcosm of the rest of the nation or the world; nevertheless, in spite of these limitations, he did a remarkable job of capturing the dilemmas that most mediators face.


Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato Jan 1994

Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato

Journal of Dispute Resolution

This is not to argue against core principles. There is, I think, a consensus on these: responsible and fair dealing, disclosure of personal conflicts, good faith, diligence, impartiality, confidentiality, and, certainly, honesty and integrity. I take these ethical requirements to be the sine qua non of professional mediation practice; the primary representations to be made prior to, and, indeed, to be adhered to in the course of mediation. SPIDR attempted to codify these values in its Ethical Standards of Professional Responsibility, which were adopted by the SPIDR Board in 1986 and confirmed in 1991. What we in mediation practice are ...