Can a mediator create a balance between self-determination and procedural and substantive fairness – A discussion on an ethical framework for decision.

Slides:



Advertisements
Similar presentations
Chapter One Ethical Reasoning: Implications for Accounting.
Advertisements

Assessing Ethics in CbDs
Ethical Considerations in Home Visiting
A Framework For Thinking Ethically
Lecture 3 Values & principles of professional ethics By Dr. Hala Yehia.
Practical Ethics: A Tool for the Ombudsman? Sarah Trafton, JD Finger Lakes Health Systems Agency Rochester, NY.
Lecture: Ethics for High School Presented By: Craig Titus Teaching Engineering Ethics in the High School Classroom Presented by: 1 Craig Titus Head Teaching.
Ethical Decision Making
Unit 1- Business Ethics & Corporate Governance
Introduction to basic principles
Ethics and Morality Theory Part 2 11 September 2006.
Ethics and ethical systems 12 January
Ethical Issues.
Ethics DEFINITIONS Values Morals Ethics Ethical dilemma
Elder Mediation Skills: Helping our elders to age well.
Mosby items and derived items copyright © 2002 by Mosby, Inc. Ethical and Bioethical Issues in Nursing and Health Care.
What Would You Do? A Case Study in Ethics
Ethical Issues.
THEORIES ABOUT RIGHT ACTION (ETHICAL THEORIES)
Ethics and Ethical Theories
Ethical Awareness.  An ethical decision that is essentially a difficult decision to make because of your honor system coming into conflict with something.
SOCIAL WORK ETHICS Issue in Child Welfare. GOALS & OBJECTIVES 1. To discuss how we define ethics. 2. To examine personal values related to ethics. 3.
What is the right thing to do?
Copyright  2010 Pearson Education Canada / J A McLachlan Chapter Nine Making Ethical Decisions.
Ethics of Administration Chapter 1. Imposing your values? Values are more than personal preferences Values are more than personal preferences Human beings.
Prepared by : Dr. Reem A.Jarra d. Introduction In their daily work nurses deal with events of : birth, death, & suffering. So they will be faced by many.
Bioethics 101 Lesson two.
Ethics for Coaches Laurie Hubbs, LPC, NCC, ACS, BCC Ethics for Coaches © Laurie Hubbs, All rights reserved.
CWEE Ch. 12 – Doing the Right Thing PowerPoint Lesson #2 Fall 2010.
Ethics in pharmacy practice
Law Ethics and Morality Professional boards and organizations have written codes which hold members to a higher standard than the law imposes- ethics codes.
Ethical Decision Making and Consumer Directed Care Have You Thought About It? Angie Robinson November 2023.
Prepared By Hanan Saca-Hazboun Lecturer Faculty of Nursing and Health Science Bethlehem University.
Practicing Leadership: Principles and Applications Chapter 2: Ethical Leadership.
Discussing an Ethics Case Walter Davis, MD Center for Biomedical Ethics Department of Physical Medicine and Rehabilitation University of Virginia.
Ethical Decision Making , Ethical Theories
Business Ethics Chapter # 3 Ethical Principles, Quick Tests, and Decision-Making Guidelines  The best kind of relationship in the world is the one in.
ETHICALETHICALETHICALETHICAL PRINCIPLESPRINCIPLESPRINCIPLESPRINCIPLES.
Professionalism/Customer Service in the Health Environment Unit 8 Ethical and Cultural Issues Related to Communication and Customer Service Lecture 8a.
An act is moral if it brings more good consequences than bad ones. What is the action to be evaluated? What would be the good consequences? How certain.
Managing ethical issues in career development practice Symposia Claire Johnson, CDI Professional Development Manager and Liane Hambly and Siobhan Neary,
Katlin Gibbons Professor Ron Sandland EDTE 519 – Section 1 January 31, 2013.
RA/PM Ethics Within Campus Housing and Beyond. Why Ethics Is Important This is as an introduction to thinking ethically. We all have an image of ourselves.
Theory of Consequences and Intentions There are two traditional ways of looking at the “rightness” or “wrongness” of an act. 1. Look at the consequences.
Professor Smith. Unit 3  Make sure you review the power point  Read chapters  Complete your project in time Case study Other Unit 3 assignments  Read.
Answer the red questions using the scenario in slide 2. Submit your answers* in the drop box folder “Assignment 2”due Wednesday, June 29 midnight *there.
Chapter 4 Ethical Standards. Introduction Limits to what law, regulations, and accrediting standards and requirements can govern In the absence of law,
What is the right thing to do?
Ethics Topic 3.
CSCE 390 Professional Issues in Computer Science and Engineering Ch
Chapter 7 Ethics in Advanced Prehospital Care
4. Ethical Reasoning Frameworks
CSCE 390 Professional Issues in Computer Science and Engineering Ch
Ethical Dilemmas in Leadership
Practicing Leadership: Principles and Applications
Ethical Issues in Speech Language Pathology
Discussing an Ethics Case

Ethics in Research.
Ethical Issues in Speech Language Pathology
CASE STUDY ANALYSIS ENGLISH
OBE 117 BUSINESS AND SOCIETY.
ETHICS.
Integrity Achala Dahal.
Introduction to Ethics
What is Ethics? Monday, May 22, 2017.
Beyond Personal & Professional Decision Making
Integrity and Ethics Achala Dahal.
Ethical and Bioethical Issues in Nursing and Health Care
Presentation transcript:

Can a mediator create a balance between self-determination and procedural and substantive fairness – A discussion on an ethical framework for decision making

Margaret’s Story 90 year old lady Recently had a hip replacement Has been living alone in her own home Only son, Bill, lives in the same town and visits twice a day Margaret has 4 daughters – two of whom live interstate The daughter who has Enduring Power of Attorney lives 4 hours away

Why is it important to have an ethical framework for decision making in elder mediation? Marcie Cooper says, “In traditional mediation, …….such as divorce mediation, the parties may agree on a resolution without the full knowledge of the facts and without an understanding of the risks associated with decisions that are made. In elder mediation this would have dire consequences – the medical, emotional, safety, financial, residential, social and spiritual needs of the person most vulnerable must be considered”. (Presentation at the 11 th Annual Spring Conference of Bar Association Elder Mediation: An Ethical Approach – Feb 2009)

Ethical Issues in Elder Mediation An ethical issue is one which leads the mediator to consider whether the action they are about to take may cause actual or potential harm to the Elder. The principles of mediation which may raise ethical questions in Elder Mediation include: Autonomy Power Imbalance Confidentiality Impartiality of the Mediator Conflicts of interest between the participants

What are ethicsWhat are not Ethics Standards of behaviour that tell us how we must treat people. Based on: Values Morals Following the Law Following a feeling A religion practice Culturally accepted norms Science

How do we decide an ethical issue? Gut Feeling Refer to the training of our profession of origin Codes and Guides

How are ethical issues resolved? 1.Utilitarian Approach (John Stuart Mills & Jeremy Benthan) All equals should be treated equally and unequals unequally but today the ethical position is that all humans should be treated equally but if unequal then fairly based on a criteria. 2.Deontology Approach (Immanuel Kant) Ethical the right to choose freely what they do with their lives, right to truth, right not to be injured, the right to get what was agreed to regardless of the consequences.

How are ethical issues resolved? 3.Pluralistic Deontology Approach (W H Ross) There are pillars of duties, such as the duty of beneficence – to help other people to increase their happiness. One duty can be trumped by another duty such as the duty of non-maleficence – not to cause harm. 4.Fairness or Justice Approach (Aristotle) How fair is this action? But if it shows discriminate or favoritism it is wrong.

How are ethical issues resolved? 5.The Virtue Approach Urges us to strive for the full development of ourselves and society by developing virtues such as honesty, compassion, generosity and fairness. 6.The Common Good Approach (Plato, Aristotle, Rawl) Urges us to view ourselves as members of the same community and further the goals that we share in common. Markkula Center for Applied Ethics viewed 25 May 2014http://

Ethical Issues in Elder Mediation Autonomy and Diminished capacity Autonomy and Power Imbalance Confidentiality and Substantive Fairness Impartiality and Neutrality of the Mediator Conflicts of interest

Ethical Decision Making Framework Recognise an Ethical Issue Could my decision be damaging to Margaret? Does this decision involve a choice between two goods or between two bads? Is this issue about more than what is legal and what is most efficient? If so how?

Ethical Decision Making Framework Get the Facts What are the relevant facts of the case? What facts are not known? Can I learn more about the situation? Do I have enough knowledge to make a decision? What individuals and groups have an important stake in the outcome?

Ethical Decision Making Framework Evaluate Alternative Actions Does the decision produce the most good and do the least harm? (The Utilitarian Approach) Does the decision respect the rights of all who have a stake? (Deontology Approach) Will the rights of one person trump the rights of another?(Pluralist Deontology) Markkula Center for Applied Ethics viewed 25 May 2014http://

Information Provided during Intake Margaret self-discharged from hospital Bill has been informed by the local policeman that there has been a complaint about her driving Margaret insists that she is a safe driver who can look after herself Bill’s wife no longer visits Margaret because she is rude and aggressive Margaret has ‘fired’ the community services Margaret phones Bill frequently during the day Margaret has recently connected Foxtel One daughter visits fortnightly The attorney notices that Margaret withdraws large sums of money from her bank account

Ethical Framework Which option best services the community as a whole, not just some members of the family? (The Common Good Approach) Which option treats all members of the family equally or proportionately? (The Justice Approach) Which option leads me to act as the sort of person I want to be? (The Virtue Approach)

The Mediator’s Decision Test Considering all these approaches, which option best addresses the interests of Margaret and her family? If I told another mediator, mentor or supervisor the option I have chosen, what would they say? How can I implement my decision with the greatest care for Margaret and her family?

The Mediator’s Self Care Reflect on how my decision turned out. What have I learnt from this experience?

Thank You