Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence
Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own...
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| Format: | Article |
| Language: | English |
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University of Windsor
2009-02-01
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| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4565 |
| _version_ | 1797715090076598272 |
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| author | Gemma Smyth |
| author_facet | Gemma Smyth |
| author_sort | Gemma Smyth |
| collection | DOAJ |
| description | Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own codes of ethics following very much in the path of the law. Although expanding dispute resolution options for disputants, many theorists have warned of the potential of informalism to undermine natural justice principals. I will argue that the choice to omit any explicit commitment to a “social justice ethic” leaves the practice of ADR vulnerable to these decades-old arguments that informalism erodes protections for marginalized populations. As such, I will argue that mediators must call for an explicit social justice mandate in their codes of conduct, training and practices to cement the place of informal processes as equitable – not just efficient – options for settlement. In doing so, informal processes, particularly mediation, may increase discourse in civil society about human rights, thus strengthening their congruence with lived realities of citizens. |
| first_indexed | 2024-03-12T08:01:42Z |
| format | Article |
| id | doaj.art-2d342d6dfa1d4cdc880ecc32890810f2 |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T08:01:42Z |
| publishDate | 2009-02-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-2d342d6dfa1d4cdc880ecc32890810f22023-09-02T19:49:36ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172009-02-0127110.22329/wyaj.v27i1.4565Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural CompetenceGemma Smyth0Assistant Professor and Academic Clinic Director at University of Windsor’s Faculty of Law. She was formerly Director of University of Windsor Mediation Services.Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own codes of ethics following very much in the path of the law. Although expanding dispute resolution options for disputants, many theorists have warned of the potential of informalism to undermine natural justice principals. I will argue that the choice to omit any explicit commitment to a “social justice ethic” leaves the practice of ADR vulnerable to these decades-old arguments that informalism erodes protections for marginalized populations. As such, I will argue that mediators must call for an explicit social justice mandate in their codes of conduct, training and practices to cement the place of informal processes as equitable – not just efficient – options for settlement. In doing so, informal processes, particularly mediation, may increase discourse in civil society about human rights, thus strengthening their congruence with lived realities of citizens.https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4565 |
| spellingShingle | Gemma Smyth Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence The Windsor Yearbook of Access to Justice |
| title | Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence |
| title_full | Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence |
| title_fullStr | Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence |
| title_full_unstemmed | Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence |
| title_short | Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence |
| title_sort | strengthening social justice in informal dispute resolution processes through cultural competence |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4565 |
| work_keys_str_mv | AT gemmasmyth strengtheningsocialjusticeininformaldisputeresolutionprocessesthroughculturalcompetence |