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Mediation and Professional Ethics ~ The Character does Count !

Professional ethics concerns the moral issues that arise because of the specialist knowledge that professionals attain, and how the use of this knowledge should be governed when providing a service to the individuals, communities, social agencies or any public or private associations or organizations.

 

 
 "Discourage litigation, Persuade your neighbors to compromise whenever you can Point out to them how the nominal winner is often the real looser - in fees, expenses and waste of time.  As a peacemaker, the lawyer-mediator has a superior opportunity to being a good man”    ---Abraham Lincoln
 
 

The professional carries additional moral responsibilities to those held by the population in general. This is because professionals are capable of making and acting on an informed decision in situations that the general public cannot, because they have not received the relevant training. For example, a layman member of the public could not be held responsible for failing to act to save a car crash victim because they could not give an emergency tracheotomy. This is because they do not have the relevant knowledge. In contrast, a fully trained doctor (with the correct equipment) would be capable of making the correct diagnosis and carrying out the procedure and we would think it wrong if they stood by and failed to help in this situation. You cannot be held accountable for failing to do something that you do not have the ability to do.

The professional carries additional moral responsibilities to those held by the population in general. This is because professionals are capable of making and acting on an informed decision in situations that the general public cannot, because they have not received the relevant training. For example, a layman member of the public could not be held responsible for failing to act to save a car crash victim because they could not give an emergency tracheotomy. This is because they do not have the relevant knowledge. In contrast, a fully trained doctor (with the correct equipment) would be capable of making the correct diagnosis and carrying out the procedure and we would think it wrong if they stood by and failed to help in this situation. You cannot be held accountable for failing to do something that you do not have the ability to do.

Questions arise as to the ethical limits of the professional’s responsibility and how power and authority should be used in service to the client and society. Most professions have internally enforced codes of practice that members of the profession must follow, to prevent exploitation of the client and preserve the integrity of the profession. This is not only to the benefit of the client but to the benefit of those belonging to the profession. For example, a business may approach an engineer to certify the safety of a project which is not safe. Whilst one engineer may refuse to certify the project on moral grounds, the business may find a less scrupulous engineer who will be prepared to certify the project for a bribe, thus saving the business the expense of redesigning Disciplinary codes allow the profession to draw a standard of conduct and ensure that individual practitioners meet this standard, by disciplining them from the professional body if they do not practice accordingly. This allows those professionals who act with conscience to practice in the knowledge that they will not be undermined commercially by those who have less ethical qualms. It also maintains the public’s trust in the profession, meaning that the public will continue to seek their services.

There are questions surrounding the validity of professional codes of ethics. On a practical level it is very difficult for those independent of the profession to monitor practice, leaving the possibility that a code of practice may be self serving. This is because the nature of professions is that they have almost a complete monopoly on a particular area of knowledge. 

What MediationJD can do for you?

MediationJD is a Mediation, Ethics & Leadership training and consulting firm that operates on the principle that ethical practices arise from well-developed ethical standards and analytical ability, not merely from fear of sanctions, fines and liability.  MediationJD uses a multi-faceted approach that includes drama, humor, history and popular culture, as well as challenging hypotheticals taken from actual cases and events.  MediationJD makes the exploration of professional ethics stimulating and memorable, while reconnecting the practice of ethics to practical realities.

Click for Courses, Seminars and Workshops listed on the right hand side for Descriptions, Schedule and Registration or contact MediationJD Training Coordinator, at 310-544-1434 or email to: info@MediationJD.com  

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GrassRoots Seminars &  Workshops

 MPE201 -  Ethics- Mediator-Lawyer
 MPE202Corp.& Business Ethics 
 MPE203 Colonel Compliance
 MPE204- The Gavel to Gavel

 MPE205- Making Ethics M.M.  Care

 MPE206- Work pl. Sexual Harass.
 

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