Creating and Controlling the Ethical Framework of Mediation

Abstract

The mediator can play an active role in creating the ethical framework in the conflict mediation. A pyramidal hierarchy of ethics principles in mediation is proposed: mediator’s ethics/legality and morality of the negotiation subject/ethics in the communication between negotiators/ethics of the procedures, techniques and tactics of negotiation. Exercising a triple role (personal example of ethics, generator of negotiation ethics rules, guarantor of minimal ethical framework), the mediators can become the creators of the mediation ethical framework. This ethical framework created by the mediator can be controlled through techniques systematized in a methodology for neutralizing unethical impulses of the negotiators involved in mediation. The proposed method selects a range of possible interventions depending on the orientation of negotiators identified by the mediator - to objective or to relationship. The mediator can use these techniques without exceeding its role of neutral and impartial person. The pro-active attitude of the mediator in the mediation ethical framework construction is identified as the key to reach equitable agreements and the future commitment of the parties.