ACR Trainers Resource Project Ethics Training Activities

"Ethical Decision-Making Model"

Instructions

1. Review the ethical decision-making process. Post it in front of the group.
   
2. Form groups of three to six participants.
   
3. Read the scenario.
   
4. Ask the groups to work through the stages of the decision-making process, using their worksheets.
   
5. Process the exercise with the large group:
   
   • Ask for the strategy decided upon for each group.
   • Ask for results of the “Front Page Test” for each strategy.
   • Review any differences in assumptions or decisions made in regard to the decision-making process.
   • Ask participants what aspects of this process would be most helpful to them in their mediation practice?
6. Summary Point:
   Mediators who are competent in analysis and decision making should be better able to
   • Know the questions to ask oneself when analyzing a dilemma
   • Choose between conflicting principles of practice
   • Understand when action is warranted in an ethical dilemma
   • Defend their decision as an ethical choice

Ethical Decision-Making Process

Scenario

You are mediating a case between divorced parents over visitation. During the joint session it is apparent that the two teenaged boys have serious conflicts with the mother’s boyfriend. You decide to meet individually with each parent to explore their concerns.

At the very beginning of the mediation you explained to the parties that the mediation was confidential and at the beginning of each individual session you explained to each party that you would not repeat anything they said to the other party unless you had permission to do so.

During the individual session with the father, he confided in you that he believed that his sons were so angry at the boyfriend that they were capable of harming him. When you asked him specifically what that meant, he said that he believed that they could do “serious bodily harm.” He was not willing to share this with his ex-wife, nor did he want you to share it “in case he was wrong.”

Ethical Decision-Making Process
Worksheet

1. ISSUES
   • What are the facts?
   • Is there a legal issue?
   • What is the specific law?
   • Is there an ethical issue?
   • What is the ethical issue?
   • Is there a moral issue?
   • What it the moral issue? (Respectful treatment, supporting the common good, preserving individuals’ dignity, justice)
     
2. IMPACTS
   • Who might be impacted?
   • How might they be impacted?
   • How serious would the impact be?
     
3. OPTIONS

What are your options?

4. EVALUATION OF OPTIONS

Which options would

• Do the most good and least harm
  
• Treat everyone fairly and with dignity
  
• Maintain the mediator’s role
  
• Promote the good of the mediation profession

Front Page Test

• How would you feel about seeing your decision described on the front page of your local paper?

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