Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness.

Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting.

Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation.

Commentaries by

Harold Abramson

Phyllis Bernard

John Bickerman

Melissa Brodrick

Dorothy J. Della Noce

Dan Dozier

Bill Eddy

Susan Nauss Exon

Gregory Firestone

Dwight Golann

Art Hinshaw

Jeremy Lack

Carol B. Liebman

Lela P. Love

Julie Macfarlane

Carrie Menkel-Meadow

Bruce E. Meyerson

Michael Moffitt

Forrest S. Mosten

Jacqueline

Nolan-Haley

Bruce Pardy

Charles Pou

Mary Radford

R. Wayne Thorpe

John Winslade

Roger Wolf

Susan M. Yates

Ellen Waldman is a professor of law who teaches, lectures, and trains in the area of mediation and health care ethics. She is the founder and director of the Mediation Clinic at Thomas Jefferson School of Law in San Diego and has published extensively on mediation, bioethics, and other related topics. She has mediated a wide variety of disputes and serves on private and public health care ethics committees.

Preface ix

Acknowledgments xiii

1 Values, Models, and Codes 1

2 Autonomy and Diminished Capacity 27
Commentators: Carol B. Liebman and Mary Radford

3 Autonomy and the Emotions 55
Commentators: Dorothy Della Noce and John Winslade

4 Disputant Autonomy and Power Imbalance 87
Commentators: Forrest S. Mosten and Bill Eddy

5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113
Commentators: Lela P. Love and Jacqueline Nolan-Haley

6 Information, Autonomy, and the Unrepresented Party 155
Commentators: Michael Moffitt and Dan Dozier

7 Mediating on the Wrong Side of the Law 177
Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane

8 Mediating with Lies in the Room 199
Commentators: Dwight Golann and Melissa Brodrick

9 Confidentiality 227
Commentators: Bruce Pardy and Charles Pou

10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255
Commentators: Art Hinshaw and Gregory Firestone

11 Conflicts of Interest 277
Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon

12 Mediating Multiculturally: Culture and the Ethical Mediator 305
Commentators: Carrie Menkel-Meadow and Harold Abramson

13 Ethics for ADR Provider Organizations 339
Commentators: Phyllis Bernard and Susan M. Yates

Appendix: Model Standards of Conduct for Mediators 369

Notes 381

The Editor 419

The Contributors 421

Index 431