American Bar Association Dispute Resolution Conference

Irvine, C. (Speaker)

Law

Activity: Talk or presentation types › Oral presentation

Description

Presented as part of a panel on panel on ‘Comparative Views of the Mediator’s Role in Promoting Justice: Perspectives from the East and West’.

Period	21 Apr 2017
Event title	19th Annual ABA Section of Dispute Resolution Spring Conference: Developing Skills, Finding Meaning, Pursuing Justice
Event type	Conference
Location	San Francisco, United States, California
Degree of Recognition	International

Keywords

mediation, mediation and justice, ADR

Documents & Links

Mediation’s critics, have, since the field’s inception, complained that “mediation is not about just settlement; it is just about settlement” (Genn 2012). The claim is that enthusiasm for agreement per se obscures the fact that some settlements are fairer than others and that power imbalances in the negotiation room can result in oppressive terms for the less resourced. Indeed, the question of who, if anyone, is responsible for the justice of the agreements mediated remains murky under most ethics codes. The question of the proper role and function of the mediator is further complicated by the growing number of lawyers assuming the mediation mantle. Are these lawyer-mediators officers of the court, advocates for “the deal,” neutral intermediaries who have shrugged off all other roles – or something else entirely? And how do they interact with other lawyers in the mediation room who are simply advocates for their clients’ position? The panel, featuring mediation scholars and practitioners from Australia, Hong Kong, Scotland and the United States will discuss both long-standing and recent ethical dilemmas arising out of the mediator’s and lawyer- mediator’s blurred role. Charlie Irvine's presentation was entitled 'Fairness and Justice in Mediation'

Related content

Activities
International Symposium on ADR and Justice
Activity: Participating in or organising an event types › Participation in conference