Using a Values-Based Approach in Mediation

Abstract

Mediation is increasingly employed in the international and domestic context to support agreement-making and to manage and resolve conflict. Practitioners and participants in such processes may not have clearly defined obligations and may not be subject to any systemic or other controls. As a result, mediation can be conducted in a procedural manner that is offensive from the perspective of social or human norms and may also result in outcomes that are not transparent and may be unfair. This article proposes that a values-based approach be used by practitioners to assist to ensure that the processes and outcomes do not lack integrity. In addition, a values-based approach can inform the development of participant obligations, systemic approaches and objectives. To support a values-based approach an “ERSR” framework is proposed, focusing on education, recognition, support and resolution.