Mediation paradigms and professional identities

Abstract

Can we activate a new movement for justice?

Divorce mediation: When mediators challenge the divorcing parties

“…First, most of the mediators in this study made intervention decisions pragmatically, applying their values to the specific issues in each case. A strong ideological commitment to client autonomy would have been shown if, for example, most mediators had accepted all of the proposed settlements (a position like that recommended by Lande, 1984).…”

Developing Training and Practice Standards for Custody Mediators*

“…It is unclear as to whether traditional laws protecting lawyer-client and doctor-patient communications apply in the context of mediation. Furthermore, mediators who are not members of a legally recognized profession probably cannot extend their clients any protection of their privacy (Lande 1984). Few couples are made aware of the risks they may be taking upon entering mediation in unregulated jurisdictions.…”

Training mediators: Teaching about ethical concerns and obligations

“…The differences between the FLS/ABA standards and the AFCC model standards center on the nature and appropriateness of mediators' intervention and have prompted a lively debate. Lande (1984) views the FLS/ABA standards as intrusive and counterproductive. "Taken together, [they] present a grave threat that mediators will subtly or not-so-subtly dominate the process," Lande asserts, adding that "the mediator's mandatory repeated disclosure of any biases may pressure participants to follow the mediator's values rather than their own."…”