Overview

This book takes a practical, concise, and coherent approach to mediation ethics to make lawyer-mediators aware of their ethical obligations while serving as mediators. The book has been written by 15 leading mediation scholars, with special expertise in mediation ethics, each contributing a chapter on a topic within his or her expertise. Topics covered include: Theory of mediators' ethics, Contrasting lawyer ethics and mediator ethics, Codes of Conduct for mediators and MEAC opinions, Accepting a case or refusing to mediate, Evaluating ethically, Separate meetings, Mediator proposals, Difficult parties, Lawyer representation in mediation, Med-arb, The mediated agreement, Mediators as witnesses, Mediator discipline, And continuing mediation ethics education. Contributors include Omer Shapira, James Alfini, Susan Nauss Exon, Ellen Waldman, Donna Erez-Navot, Kristen M. Blankley, Elayne E. Greenberg, Sharon Press, Bill Eddy, Jacqueline Nolan-Haley, Nancy A. Welsh, Fran Tetunic, Ellen E. Deason, Michael Moffitt, and Gregory Firestone.

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9781641059114

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Reviews

Featuring the work of fifteen top mediation scholars, Mediation Ethics is an important and accessible addition to the literature on mediation ethics. By organizing the chapters according to the chronology of a mediation, this book will allow both practitioners and scholars to easily find the analysis that is most pertinent to their concerns. Practical, well-written, and well-reasoned, Mediation Ethics can be useful to every mediator. --Jean R. Sternlight, Saltman Professor of Law and Founding Director, Saltman Center for Conflict Resolution, University of Nevada, Las Vegas In this volume, ADR scholars and practitioners examine ethically challenging dynamics arising throughout the distinctive phases of the mediation process: Should you accept a case? Use evaluative techniques? Meet separately with the parties? Agree to serve in a med-arb process? As important, how can a mediator deal with difficult parties and lawyers in a manner consistent with being impartial? What are the limits, if any, of a mediator's obligation to keep matters confidential? Deftly organized by Omer Shapira, each essay is wonderfully readable and analytically grounded in the profession's guiding norms. Any mediation participant--client, advocate, or mediator--can valuably consult relevant essays before, during, or following their engagement to affirm their confidence in the integrity of their ADR experience. --Joseph B. Stulberg, Emeritus Professor and Michael E. Moritz Chair in Alternative Dispute Resolution, The Ohio State University Moritz College of Law This book is a terrific contribution to the dispute resolution field. Diving into the knotty ethical issues in mediation, the collection of chapters provides both theoretical and practical advice from many of the top scholars in the field. What a gift to have all of their best thinking together in one book! --Andrea Kupfer Schneider, Director, Marquette University Law School Dispute Resolution Program, and Director, Marquette University Institute for Women's Leadership

"""Featuring the work of fifteen top mediation scholars, Mediation Ethics is an important and accessible addition to the literature on mediation ethics. By organizing the chapters according to the chronology of a mediation, this book will allow both practitioners and scholars to easily find the analysis that is most pertinent to their concerns. Practical, well-written, and well-reasoned, Mediation Ethics can be useful to every mediator."" --Jean R. Sternlight, Saltman Professor of Law and Founding Director, Saltman Center for Conflict Resolution, University of Nevada, Las Vegas ""In this volume, ADR scholars and practitioners examine ethically challenging dynamics arising throughout the distinctive phases of the mediation process: Should you accept a case? Use evaluative techniques? Meet separately with the parties? Agree to serve in a med-arb process? As important, how can a mediator deal with difficult parties and lawyers in a manner consistent with being impartial? What are the limits, if any, of a mediator's obligation to keep matters confidential? Deftly organized by Omer Shapira, each essay is wonderfully readable and analytically grounded in the profession's guiding norms. Any mediation participant--client, advocate, or mediator--can valuably consult relevant essays before, during, or following their engagement to affirm their confidence in the integrity of their ADR experience."" --Joseph B. Stulberg, Emeritus Professor and Michael E. Moritz Chair in Alternative Dispute Resolution, The Ohio State University Moritz College of Law ""This book is a terrific contribution to the dispute resolution field. Diving into the knotty ethical issues in mediation, the collection of chapters provides both theoretical and practical advice from many of the top scholars in the field. What a gift to have all of their best thinking together in one book!"" --Andrea Kupfer Schneider, Director, Marquette University Law School Dispute Resolution Program, and Director, Marquette University Institute for Women's Leadership"

Author Information

Omer Shapira is a senior lecturer at Ono Academic College Faculty of Law, Israel. He teaches researches and publishes in the area of mediation ethics and sits on a mediators' ethics committee of a community mediation center. Shapira is the author of A Theory of Mediators' Ethics: Foundations, Rationale, and Application (Cambridge University Press) (2016), as well as other law review publications on mediation ethics, including ""A Critical Assessment of the Model Standards of Conduct for Mediators (2005): Call for Reform,"" 100 Marquette L. Rev. 81-136 (2016), ""A Theory of Sharing Decision-Making in Mediation,"" 44 McGeorge L. Rev. 923-960 (2013), and ""Conceptions and Perceptions of Fairness in Mediation,"" 54 S. Tex. L. Rev. 281-341 (2012).

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