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Law in Context

Abstract from Volume 35 No 1 (2017) Ethics in Alternative Dispute Resolution

Ethical Conundrums Facing Mediators: Comparing Processes, Identifying Challenges and Opportunities

Judy Gutman is a Barrister and Solicitor of the Supreme Court of Victoria and the High Court of Australia. 

Jodie Grant is an accredited family dispute resolution practitioner, nationally accredited mediator and an accredited restorative engagement facilitator with the Defence Abuse Response Taskforce. 

Mediation forms a core part of dispute resolution initiatives in family law and civil litigation. This article considers several ethical issues confronting mediators in family and civil disputes. We compare ethical frameworks, drawing on issues arising from mediation practice in two specific court-connected fora. Further, we make recommendations for changes to existing mediator training and to applicable standards and codes. 

(2017) 35(1) Law in Context p101

   
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