Using a Values-Based Approach in Mediation

22 ADRJ 258

9 Pages Posted: 7 Sep 2016

See all articles by Lola Akin Ojelabi

Lola Akin Ojelabi

Graduate School of Business and Law, RMIT University, Melbourne Australia; RMIT University and La Trobe University; La Trobe Law School

Tania Sourdin

University of Newcastle (Australia) - Newcastle Law School

Multiple version iconThere are 2 versions of this paper

Date Written: 2011

Abstract

Mediation is increasingly employed in the international and domestic context to support agreement-making and to manage and resolve conflict. Practitioners and participants in such processes may not have clearly defined obligations and may not be subject to any systemic or other controls. As a result, mediation can be conducted in a procedural manner that is offensive from the perspective of social or human norms and may also result in outcomes that are not transparent and may be unfair. This article proposes that a values-based approach be used by practitioners to assist to ensure that the processes and outcomes do not lack integrity. In addition, a values-based approach can inform the development of participant obligations, systemic approaches and objectives. To support a values-based approach an “ERSR” framework is proposed, focusing on education, recognition, support and resolution.

Suggested Citation

Akin Ojelabi, Olufunmilola O and Sourdin, Tania, Using a Values-Based Approach in Mediation (2011). 22 ADRJ 258, Available at SSRN: https://ssrn.com/abstract=2833159 or http://dx.doi.org/10.2139/ssrn.2833159

Olufunmilola O Akin Ojelabi (Contact Author)

Graduate School of Business and Law, RMIT University, Melbourne Australia ( email )

Melbourne
Australia

RMIT University and La Trobe University ( email )

Melbourne
Australia

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

Tania Sourdin

University of Newcastle (Australia) - Newcastle Law School ( email )

1 University Drive
Callaghan, 2308
Australia

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