Abstract

Mediation is the intervention of a third party who attempts to facilitate a negotiated settlement between disputants. Unlike a judge or arbitrator, the mediator has no power to impose a settlement and instead helps the parties negotiate an agreement of their own. Mediation promises to be quicker, cheaper and less adversarial than more formal processes of dispute resolution like litigation. However, mediators only have loose codes of conduct, and there are few rules of procedure or mechanisms for the review of settlements. The process of mediation thus relies centrally on the ethical judgment of the individual mediator in order to safeguard against unfair or unjust outcomes. This dissertation uses the tools of philosophical analysis to critically examine the ethical role of the mediator. It examines two central concepts in mediation, confidentiality and neutrality, and establishes a framework for mediators to assess the ethical propriety of their professional acts