Mediation in the law is one of the technologies of alternative dispute resolution, with the participation of a third neutral, impartial, not interested in the conflict party, this party is called mediator, and is considered to be the person who assists the parties to work out a definite agreement on the dispute, and the parties fully control decision-making process for the settlement of the dispute and the conditions of its solving.
Ethics is a philosophical science, the object of study, of which is morality, and the central problem of which is good and evil. The following types of ethics are: the humanist that is focused on the man, his life, liberty; authoritarian, that is focused on something external to the person, idea, for example. Ethics finds a place of morality in the system of other social relations, analyzes its nature and internal structure, studies the origin and historical development of morality, theoretically justified or that its system.
Mediation is the most mild form of alternative dispute resolution. During the mediation proceedings the parties involved in the conflict, independently come to a mutually acceptable solution, based on the experience, knowledge and skills of a mediator. Resolution of the dispute depends entirely on the will of the dispute parties.(Chang 5)
Mediation exists as a long time, as there are conflicts. It is well known that mediation was used since ancient times the resolution of international, inter-ethnic and just multilateral disputes. It can be called in different ways: "mediation", "petition", "offer of good favors." Such methods of dispute resolution are increasingly used in cases where the negotiations reached an impasse, and to succeed it was necessary to get the disputing parties to understand and accept each other's viewpoints. For many centuries ago, people were convinced that the resolution of serious differences of mutually beneficial and, most importantly, viable solutions easier to achieve and negotiations, rather than using the rules or hierarchical order.(Pennock 17)
Mediation helps to save time, money and emotional strength of the disputants. When carrying out the mediation, conditions, organization, regulation and maintenance of the process can be defined individually. Mediation is focused not so much on the conflict and clarification of who is right and who is wrong but on gaining results by the constructive search for solutions.
In terms of time spent mediation can be easily adjusted to the needs of the participants and may take into account the emotional and personal aspects of the dispute.
In this sphere of private interests of the parties is fully protected, as the process of mediation is a confidential process. Mediation allows the parties to the dispute to look into the future and use their creativity. At a resolution of the dispute through mediation agreements reached, as a rule, are more durable and meet the real state of affairs, which not only contributes to their implementation, but also makes their implementation a mutually acceptable and natural step.(Rhode 23)
The main principles of mediation are: voluntariness, confidentiality, mutual respect, equality of parties, neutrality and impartiality of the mediator, transparency of the procedure.
The basic principles of ethics in mediation are stated in the European Code of Conduct for Mediators, what actually is a code of ethics intermediaries, developed by a group of professional mediators with the support of the European Commission. Accepted 2 July 2004 at a conference of the European Commission in Brussels, and approved by professional intermediaries and persons interested in the question of mediation. This Code sets out a number of principles to which any mediator can join on a voluntary basis and under their own responsibility. The Code is designed for use in all kinds of mediation in civil and commercial matters. The commitment of the Code should not be in conflict with national legislation or the rules laid down in certain professions.
European Code of Conduct for Mediators was developed by the initiative group practicing mediators, representing more than 30 European organizations dealing with alternative methods of dispute resolution, supported by the European Commission and adopted at a conference in Brussels, the «League of mediators» subscribes to the principles set out in the European Code of Conduct for Mediators and offers to get acquainted with its contents.
This Code for mediators should serve as a fundamental ethical and professional guide for persons engaged in any area of mediation. The standards prescribed in this Code are: to serve as a guide for the conduct of mediators; to be a source of information for the parties to the dispute; to increase public confidence in mediation as an effective means of dispute resolution.
The standards of this Code shall be applied in all kinds of mediation. However, in certain cases, their use may affect laws or agreement between the parties. Organizations can take over those responsibilities, the standards of their mediators. Organisations providing mediation services can also take on those responsibilities, demanding their mediators compliance with the Code. Organizations can publish information about the activities they are doing to ensure compliance with the Code by their mediators, such as through training, evaluation and control their activities.
One of the basic principles in ethics in mediation is privacy. Compliance with privacy is the unconditional principle. Everything that is said or discussed during the mediation process remains within this process, but within the limits prescribed by law. Hiding the knowledge by mediator about committed or planned crimes, which became known to him during the process of mediation, is inadmissible. The mediator does not have the right to report one side of the information he received from the other party during an individual conversation, without special permission.
Implement these principles in the actual process of mediation is not simply because either party may try to attract the mediator, making him the object of manipulation or intimidate the mediator, to persuade him to their side and to make him to take the decision in their favor; absolve themselves of responsibility for the decision, shifting it to the mediator, and to reserve the right in the future to break it. Therefore, the mediator should be proficient in technology mediation and definitely exclude the possibility of any kind of manipulation.(Rovine 57)
Ensuring parity of the parties of the negotiation process is also one of the basic ethic goals of mediator. It achieved an absolute equality of the parties in the negotiations, the lack of benefits for one party over another. Violation of only one of this technique can destroy the mediation process, the whole entire structure of mediation, and the entire negotiation process.
Alignment amount of time working with both parties means that the mediator should pay equal attention to both of the parties without benefiting one of them. At first glance this technique may seem too much private. In fact, it's not particular, and not a small thing. It is known that the part of the negotiation process with the assistance of a mediator is very jealous of any manifestation of an imbalance between them. This gives rise to all sorts of suspicion and mistrust. However, life is richer than any scheme and negotiating situation "caused by" one of the parties may be actually so complex that indeed may require a considerable amount of time and other efforts of the mediator. Hence the need for him to be able to anticipate and implement appropriate compensatory mechanisms.(Waldman 87)
This can be important when some of the parties to manifest itself in the negotiations considerably more active than the another. Then the mediator must often refer to it by himself, interested in her views on the express, clarify its position, and so on.
Sequential questions of the mediator to both negotiating parties is also an ethical goal of the mediator. Means, for example, that if in some episode of the talk mediator first addressed a question to one side and then the second, then the next episode, he must appeal to them in reverse order.
The behavior of the mediator in the negotiations involves a wide range of special techniques, the importance of which is overdue for the entire negotiation process. I tried to emphasize on those principles that are considered to be the most important principles of mediation.
Works cited
Chang, Frank. Mediation. Ottawa: N.p., 2005. Print.
Pennock, J. Roland, and John W Chapman. Compromise In Ethics, Law, And Politics. New York: New York University Press, 1979. Print.
Rhode, Deborah L, and David Luban. Legal Ethics. New York: Foundation Press, 2004. Print.
Rovine, Arthur W. Contemporary Issues In International Arbitration And Mediation. Leiden: Boston, 2010. Print.
Waldman, Ellen. Mediation Ethics. San Francisco, CA: Jossey-Bass, 2011. Print.
