A Critical Assessment of the Model Standards of Conduct for Mediators (2005): Call for Reform

Shapira, Omer

Journal: Marquette Law Review

Volume: 100

First Page: 81

Year: 2016

Bluebook Citation: 100 MARQ. L. REV. 81 (2016)

Author: Omer Shapira: all 3 publications


Abstract

Over the years, commentators have raised concerns about some aspects of the Model Standards, for example, their failure to adequately guide mediators in situations of competing values, and the vagueness of their substantive provisions. No work to date has exposed the Model Standards to a systematic and comprehensive assessment, which is necessary for an evaluation of their adequacy as a coherent statement of the fundamental ethical guidelines for mediators, and for the development of a viable alternative to them. Ten years after the adoption of the revised Model Standards in 2005, this Article comes to fill the gap in the literature and open the discussion on the next version of the Model Standards

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