Mediation ethics in Australia - A case for rethinking the foundational paradigmJames Cook University Law Review (2012)
In contemporary Western society, including Australia, professional mediation
practice has developed with a specifically defined foundational approach - a
problem-solving, facilitative method, in which the mediator's intervention is
centred on providing the parties with a series of formal steps to assist their
communication and to steer them towards a self-determined and mutually
agreeable resolution of the issues in dispute. Facilitative mediation developed,
in part, as a response to the adversarial system of law and justice. In
that system the parties are said to lose control of their dispute, and a decision
is imposed on them which invariably puts one party in a losing position.
Facilitative mediation has offered an alternative to this inevitable outcome by
offering the parties a democratic, cost-effective, party-centred, empowering,
interests-based and principled option for resolving their dispute.
Citation InformationRachael Field. "Mediation ethics in Australia - A case for rethinking the foundational paradigm" James Cook University Law Review Vol. 19 (2012) p. 41 - 69 ISSN: 1321-1072
Available at: http://works.bepress.com/rachael-field/6/