Types of Ethical Dilemmas Mediators Face

TYPES OF ETHICAL DILEMMAS MEDIATORS FACE* A. Keeping within the limits of competency 1. When symptomatic competency is lacking (a) to diagnose a history of vehemence (b) to diagnose a mental incapacity 3. When substantive or skills competencies are lacking D. Preserving impartiality 1. In vision of relationships with parties or lawyers (a) after disclosure and waiver of objections (b) when relationships arise after intermediation (c) when class or group relationships exist 4. In view of a personal reaction to a caller in mediation (a) Antipathy to a party (b) Sympathy to a party C. Maintaining confidentiality 1. Vis-à-vis internationalrs (a) reporting allegations of violence or crime (b) communicating to a court or referring agency (c) communicating to a partys lawyer 4. Between the parties (a) when disclosure would prevent untutored settlement (b) when disclosure would break un advised impasse C. Ensuring informed consent 1. In cases of possible coercion of one party (a) by the other party (b) by the partys take in lawyer/advisor (c) by the mediators persuasive measures 4. In cases of party incapacity 5. In cases of party ignorance (a) of factual data known to the mediator (b) of legal/ well(p) information know to the mediator C.

Preserving self-determination/Maintaining nondirectiveness 1. When tempted to give the parties a solution (a) at the parties solicit (b) on the mediators own initiative 3. When tempted to oppose a solution formulated by the parties (a) because the solution is illegal (b) because unsporting to a weaker party (c) because the solution is unwise (d) because unfair to an outside party E. Separating mediation from counseling and legal advice 1. When the parties need expert information 2. When tempted to express a professional judgement 3. When a party needs a therapist or barrack D. Avoiding party exposure to harm as a vector sum mediation 1. When mediation many make a unsound situation worse 2. When mediation may reveal unsanded information 3.... If you want to get a full essay, fiat it on our website: Orderessay

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