Ethical, moral, and legal challenges are faced daily as a mediator. The mediator’s role is not to be the decision maker, but to encourage communication so that the parties can reach a solution. It is imperative that a mediator remains neutral and not let his or her own morals, values, and personal beliefs interfere with their obligation to the parties. Legally and ethically, mediators are required to keep information and communication about a case confidential. The parties involved have the right to seek mediation elsewhere if they believe the mediator is biased.
In order to maintain that trust, you must understand confidentiality and what it means in our treatment. Privacy laws are put in place to protect the client, the professional, the agency, and anyone else involved within the case. It is a promise and contract between client and professional not to discuss their matters with anyone else and to keep our sessions private. However, there are certain situations that you need to be made aware of. By law, the professional may be required to break this agreement in severe circumstances.
Checkpoint: Attorney-Client Confidentiality The attorney-client confidentiality refers to the communications and information a client shares with his or her attorney, private or court appointed. The client is assured that any secretes divulged will be secure with the attorney and may not be used against the client in court. This privilege allows the client to be more inclined to communicate openly and truthfully. The honesty a client shares with the attorney could assist the attorney in providing accurate and professional counsel. Full knowledge of the circumstances surrounding the case can help the defense to sufficiently conduct the case legally and appropriately in the court room (Meyer & Grant, 2003).
Only the client can wave this privilege of confidentiality during a legal matter. The attorney-client privilege protects the communication between the client and the attorney when receiving legal counsel. This privilege also ensures that the communication is maintained within the two parties and there is no disclosure to a third party regarding any legal matter, such as an offense. Any discussion pertaining to a case or legal advice is protected, and maintained within the agreement of the attorney and the client. This privilege also ensures client’s honesty with the attorney, as they are aware of the law protecting his or her discussions, which also ensures effective representation to client in court (Meyer & Grant, 2003).
“Kaczynski agreed to stick with his current lawyers in return for their promise not to introduce expert testimony about his mental state during the guilt phase of the trial” (The Tech). However, he agreed that his lawyers could gather mental health evidence if he was found
There are ethical, moral, and legal challenges mediators confront when assisting the disputing parties. It is the mediator’s ethical and legal duty to keep all communication private because confidentiality adds to the success of the mediation process. As a mediator, it is imperative to remain neutral throughout the mediation process to guarantee proper conduct. Consequently, a mediator’s individual viewpoints and principles can be challenged; therefore, by no means should the mediator ever choose sides. Maiese (2005), “It is commonly thought that if a mediator is unable to maintain a neutral stance, codes of ethics and standards of practice
Because of the Nix v. Whiteside case in 1986 the Supreme Court decided that the clients Sixth Amendment right to assistance of counsel was not deprived when his attorney told the court that he was aware that his client intended to perjure himself when he testified in court about events that led up to the murder of the victim. This case raised the issue whether the attorney should have revealed to the court the information that his client revealed to him in confidence. Some people say that because the attorney is an officer of the court his actions were ethical and appropriate. Defense attorneys are responsible for reporting perjury to the court in order to prevent perpetuation of fraud against the court despite the attorney-client privilege. An attorney can reveal information only regarding the crime the defendant is being accused of not any other information about other crimes that they have not been accused of.
Ethical Decision-Making Paper Abstract Counselors are often faced with situations which require sound ethical decision making ability. One dilemma that counselors face is the limits of confidentiality. Those who go for counseling assume that whatever they tell a counselor will be kept confidential and not shared with anyone outside of the counselor-client relationship. Competent counselors will honor their commitment to the laws and standards governing confidentiality, but there are limitations. When the clients right to confidentiality and the safety of human life clash, confidentiality cannot be maintained.
Legal professional privilege works in common law jurisdictions to ‘’protect all communications between a professional legal advisor and his or her clients from being disclosed without the permission of the client’’ this privilege extends beyond the lifetime of the client. The purpose of this principle is to provide sufficient access to justice for the individual by encouraging complete disclosure of any relevant information to the legal professional without any fear from the client that this information will at a later date cause him any prejudice as a result of disclosure to any third parties. The lawyer will in turn be able to give the client the most appropriate advice with public confidence in lawyers being maintained. This is the privilege of the client and not the lawyer. (For the purpose of this essay I am taking the term lawyer to include solicitors, barristers and other legal professionals).
Perjury is considered a serious offense as it can be used to usurp the power of the courts. Furthermore, they also talk about the psychological side of the subject for example, if the witness lost his memory then he shouldn't give any statement because his statement might affect either the person on trial or the witness himself. For that reason the lawyer is allowed to ask question to the witness just to be sure that the witness is telling the truth. Furthermore, the journal talks about bias, however the study is not taking any side they are just giving facts and statement about the issue. One of the quotes that stood up in the article was “witnesses can distort their own memories without the help of examiners, police officers or lawyers” The main point of this quote is that the witness is capable of lying or