Mediator Ethics: when should a mediator say ‘No’
20 March 2019
Wednesday 20 March
5.30pm - 7.00pm
Panel discussion facilitated by Frank Astill
Panel members: Prof Laurence Boulle, Pauline Roach, Robert Lopich
This seminar addresses the ethical responsibility of a mediator who considers a particular dispute (or one or more of its participants) to be unsuitable for mediation.
That opinion could be formed through preliminary (or intake) interviews with the parties or at the commencement of the mediation.
In certain contexts, legislation precludes the mediation process from continuing.
But, in the absence of a legal framework, what is the ethical responsibility of a mediator and how is it to be discharged?
Frank has practised as a barrister and until recently was Director of the University of Sydney’s Law Extension Committee. After completing the Negotiation and Advanced Negotiation Workshops at Harvard in the early 1990's, he devised and taught Macquarie Law School's first ADR course. He has been a board member and vice president of the Australian Dispute Resolution Association and convener of the Australian Law Teachers Association Dispute Resolution Interest Group. He is a past chair of the International Bar Association’s Academic and Professional Development Committee and has conducted a range of courses, seminars and workshops in dispute management, negotiating, interviewing, and ethical practice.
Professor Laurence Boulle
Prof. Boulle has, in his own words, attempted to mediate competently for 27 years and to reflect academically on mediation ethics over the same period. He acknowledges that these two worlds do not always connect with each other. He states that with the assistance of the other panellists he will attempt to link ethical theory with practice reality, and to limit any self-incriminating evidence.
Robert is a director and principal of Mediate Today Pty Ltd, Collaborative Lawyers Pty Ltd (an ILP operating as “Lopich Lawyers”) and the Texas based Global Collaborative Law Council. He is a former member of the Board of Directors of the National Mediation Conference. Robert is a nationally accredited mediator under NMAS, a mediation and ADR trainer and a panel mediator for the Law Society of New South Wales.
Pauline is a nationally accredited mediator and has over twenty years of experience as a mediator and working in the dispute resolution field. After leaving a career in nursing she became a New South Wales public servant and worked in different government departments including Premiers Department and the Community Justice Centres (CJCs) Sydney.
In 2002, she transferred to the NSW Roads and Traffic Authority and helped revise the staff grievance resolution program. The aim of the program was to provide a mechanism for staff to resolve their workplace disputes in a timely and confidential way.
Resolution Institute thanks Mills Oakley for generously supporting this event.