O Rundle Notes PDF

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Notes by Rundle ...

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O Rundle “The inclusive model of ethical decision making to mediation” Traditional ethical decision-making approaches: 

Utilitarianism (based on an analysis of what action serves the greater good)



Deontology (based on an analysis of the particular individual’s duties)

Issues with traditional approaches: 

Does not allow for flexibility in relation to particular contextual factors.



Not fluid or intuitive.

Benefits of the Inclusive Model: 

Provides a balance between the benefits of the various approaches o

Provides a framework (like the various Ethical codes and standards do) and flexibility

o

allows for practitioner intuition

o

guides practitioners in how to use the Inclusive Model

o

considers aspects important from both traditional approaches without prioritising one over the other

Why standards and codes are inadequate to support ethical practise Standards provide frameworks for practitioner accountability; but do not take into account the flexibility inherent in mediation or take into account the other models of mediation or the importance of the individual mediator’s personal traits, values, judgement and discretion. The a

lack number

value-based,

of

universal

of but

acceptance

characteristics most

do

of not

and such clearly

application codes.

of

Codes

articulate

their

ethical of

codes

conduct underlying

stems are

from

inherently

values,

either

because the values are assumed to be universal, or because the authors of the codes have failed to adequately consider them. Most ethical codes are not inclusive, and tend to be based on a particular ideology/model. Codes and Standards work on a top down basis; they set out abstract principles that practitioners then apply to particular situations. Context is ignored; not possible to describe and prescribe behaviour independent of context. Possible ethical dilemmas: 

Keeping within the limits of competency (when skills or knowledge are lacking);



" Preserving impartiality (when relationships exist or emerge with parties or the mediator reacts to a party);



" Maintaining confidentiality (both to interested outsiders and between the parties - where there is a reason to disclose);



" Ensuring informed consent (where there is possible coercion, incapacity or ignorance);



" Preserving self-determination and maintaining non-directiveness (when tempted to offer or oppose a solution);



" Separating mediation from counselling or legal advice (when the parties need expert information, therapy or coaching);



" Avoiding harm (when mediation may work against a party's interests);



" Preventing party abuse of the mediation process; and



" Handling conflicts of interest.

Issues with prioritising the inherent values of mediation: self-determination, impartiality between parties, fairness and empowerment. Standards and codes do not provide guidance in balancing these principles and values. Standards and codes tend to emphasise process and do not take into account factors that occur before and after the mediator is active. They provide standardised problems and responses that are inapplicable to the fluid and uncertain nature of mediation. They ignore cultural and situational factors that have a significant impact on decision making. An ideal code should have internal norms appropriate for a specific mediation and set of parties. Inclusive model A framework that includes specific consideration of contextual factors and emphasises reflective practise and a collaborative professional environment. Reflective practise: allows mediators to explore the basis of ethical choices and impacts rather than what was the right choice....