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Enough Rules Already! Making Ethical Dispute Resolution a Reality

Pou, Charles Jr.. Dispute Resolution Magazine, pp 19-22, Winter 2004

The author discusses the challenges of addressing the ethical dimension of the practice of mediation and proposes a hands-on strategy for dealing with ethical issues in mediation. He notes that the first response to ethical questions is to write a rule, and posits that doing so does not adequately respond to the problem. The author agrees with Professor Robert Baruch Bush, who argued mediators should be sensitized to their ethical duties during their training and practice. In addition, he calls for a closer examination of ethics in the field. He offers his own agenda for helping mediators perform ethically, which involves establishing systems that allow them to recognize their ethical obligations and improving teaching methods on how mediators should approach ethical issues in mediation.


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American Bar Association Section of Dispute Resolution
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