The Federation Press

Ethics in Alternative Dispute Resolution


Addressing ethical issues in alternative dispute resolution (ADR) processes in no easy feat. What can an ADR practitioner do to support party self-determination when there is concern about a party’s capacity; what is a practitioner’s responsibility for substantive justice; does a practitioner’s competence impact on the justice outcome. How an ADR practitioner responds to ethical concerns will influence the quality of justice, both procedural and substantive. The articles in this Special Issue, drawn from those presented at an ADR Ethics symposium for ADR practitioners in 2015, provide insights into aspects of justice, quality and practice issues in diverse ADR settings including mediation, family dispute resolution, restorative justice and statutory dispute resolution. Collectively the articles advance our understanding of the complex issue of ADR ethics.

Table of Contents

       Lola Akin Ojelabi and Mary Anne Noone

ADR Processes: Connections Between Purpose, Values, Ethics and Justice
       Lola Akin Ojelabi and Mary Anne Noone

Inequality in America and Spillover Effects on Mediation Practice: Disputing for the 1 Per Cent and the 99 Per Cent
       Ellen Waldman

Ethics in Mediation: Centralising Relationships of Trust
       Susan Douglas

An Ethical Evaluation Process for Mediators: A Preliminary Exploration of Factors which Impact Ethical Decision-Making
       Bobette Wolski

Playing the Language Game of Family Mediation: Implications for Mediator Ethics
       Rachael Field and Jonathan Crowe

Ethical Conundrums Facing Mediators: Comparing Processes; Identifying Challenges and Opportunities
       Judy Gutman and Jodie Grant

Ethical Concerns for Owners Corporation Managers who Informally Mediate in Owners Corporation Disputes: The Need for a Community of Practice
       Kathy Douglas and Rebecca Leshinsky

The Ethics of Appropriate Justice Approaches: Lessons from a Restorative Response to Institutional Abuse
       Alikki Vernon

Of interest...