Marketing Mediation Ethically: The Case of Confidentiality

Abstract

Over the last three decades in Australia mediation has grown in popularity as a constructive, negotiationbased, facilitated, informal dispute resolution process. This growth indicates an increasing awareness of the real benefits of mediation as a positive dispute resolution forum, and a greater appreciation of its potential. As a result, mediation is now used in many dispute jurisdictions, ranging from neighbourhood disputes, to the criminal justice system, to personal injury, family law, commercial, and international matters. As the use of mediation has developed and the number of mediators has grown, the practice of mediation has turned from what was an arguably adjunct multidisciplinary industry to a respected dispute resolution profession in its own right. Whilst the profession remains unregulated and is still grappling with approaches to issues such as accreditation and professional standards, the practice of the process of mediation itself has become increasingly sophisticated.