Ethical Issues In Mediation Process

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Informed consent is an ethical, moral, and legal concept, that is grounded in individual self determination. In those transactions wherein informed consent is required, the legal doctrine requires that individuals who give consent be competent, informed about the particular intervention, and consent voluntarily. The principle of informed consent is the means of measuring autonomy in decision making between physicians and patients, and, to a lesser degree, between lawyers and clients. There are two separate aspects of the principle: disclosure and consent. IV. PROBLEMS IN CURRENT LANDSCAPE The current structure of mediation does not include a well-established and functioning principle of informed consent. While scholars have acknowledged…show more content…
There is much less emphasis in the regulations on consent than on disclosure, and there has been little attention on the kind of information that promotes informed outcomes. Disclosures about the consensual nature of the mediation process fail to duly address the complexities of the consent process. Usually the parties are only required to sign agreements indicating their consent to enter into the mediation process. 126 The current regulatory structure fails to distinguish the different levels of consent required at each stage of mediation decision making. There is an unstated assumption that consent is a package deal, that consent to enter into the mediation process means consent to continue participation and consent to reaching an agreement. This lumping together of consent is problematic. Moreover, it ignores the possibility that informed consent may include informed refusals to participate in…show more content…
A dynamic theory of informed consent is achieved when the parties are wholly educated about mediation prior to their consent to participate in it, that they voluntarily continue to participate and negotiate, and that they understand the outcomes to which they agree. Informed consent serves the values of autonomy, human dignity, and efficiency. It ensures that the process is free from coercion, ignorance, and incapacity that can otherwise negate the consensual underpinnings of the mediation process. A theory of informed consent for mediation must take into account not only the relationship between the principle of informed consent and the values it serves, but how this principle should function in the parties' decision making acts, the practices which foster it, and its

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