Journal article
Constructions of Impartiality in Mediation
Journal of Judicial Administration, Vol.26(4), pp.232-247
2017
Abstract
Impartiality is a core principle of decision-making within Australia's common law system of justice. This article reports on an empirical study of the meaning of impartiality in mediation. The study is set against changes to the National Mediator Accreditation System in 2015, which saw removal of neutrality as an ethical requirement of practice. Prior to the 2015 amendments, mediators were required to demonstrate an understanding of "neutrality and impartiality". The requirement to demonstrate understanding of impartiality was retained in the 2015 revisions. The past requirement that mediators understand both neutrality and impartiality suggests that these two concepts are separate and distinct. Yet while some scholars distinguish between them, others treat them as synonymous. The study reported here sought to further understanding of impartiality by gathering data from practising mediators about what meaning they ascribe to impartiality and how they translate it into their practice. The results challenge existing constructions of impartiality that are framed from a purely legal perspective and suggest multidisciplinary influences consistent with non-adversarial justice approaches.
Details
- Title
- Constructions of Impartiality in Mediation
- Authors
- Susan Douglas (Author) - University of the Sunshine Coast - Faculty of Arts, Business and Law
- Publication details
- Journal of Judicial Administration, Vol.26(4), pp.232-247
- Publisher
- Lawbook Co.
- Date published
- 2017
- ISSN
- 1036-7918
- Copyright note
- Copyright © 2017 Lawbook Co. This article was first published by Thomson Reuters in the Journal of Judicial Administration. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at www.thomsonreuters.com.au/catalogue. The official PDF version of this article can also be purchased separately from Thomson Reuters.
- Organisation Unit
- School of Business and Creative Industries; University of the Sunshine Coast, Queensland; School of Law and Criminology - Legacy
- Language
- English
- Record Identifier
- 99451038902621
- Output Type
- Journal article
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