CONVERGENCE: HUMAN RIGHTS, THE ETHICS OF CARE, AND THE RETHINKING OF THE MEDIATOR’S PROFESSIONAL IDENTITY

Abstract

The article examines the crisis of the mediator’s professional identity, which has emerged as a consequence of social transformations, the intensification of structural inequality, and an increase in conflicts with pronounced ethical dimensions. It is emphasised that the traditional conception of mediation as a neutral and «value-free» procedure has resulted in an ethical deficit: formal equality between the parties substitutes for genuine justice, while impartiality replaces a moral stance. Under such conditions, the mediator risks becoming an instrument for legitimising inequality under the guise of voluntary compromise.

The aim of the study is to effect a value-oriented shift in the theory and practice of mediation, specifically a transition from a procedural to an ethically oriented approach. A new normative-ethical framework is proposed, in which peace is understood not merely as the absence of conflict but as the presence of dignity, trust, and substantive justice. The methodological foundation is a synthesis of the Ethics of Care (empathy, responsibility, sensitivity) and the Human Rights framework (universality, moral consistency). This approach establishes a «Moral Architecture of Mediation,» wherein the mediator functions as an ethical navigator, capable of detecting latent asymmetries and safeguarding the dignity of the parties.

The concept of «Mediation Justice» is elaborated, encompassing three levels: procedural (equality of participation), restorative (remediation of harm and restoration of relationships), and substantive (the substantive fairness of the agreement in accordance with human rights). On this basis, ethical indicators and practical protocols have been developed, including the Protocol of Refusal to Facilitate, which serves as an instrument for defining the moral boundaries of the mediator’s involvement in cases of violation of non-negotiable rights (safety, protection from violence, dignity).

It is demonstrated that genuine autonomy of the parties is achievable only when their dignity and moral security are guaranteed. The professional identity of the twenty-first-century mediator should be grounded not solely in neutrality but, above all, in responsibility – that is, an active commitment to the defence of justice. The proposed model possesses both theoretical and practical value: it lays the foundation for training a new type of specialist –»ethical navigators» – capable of combining professional competence with moral sensitivity. This, in turn, opens the prospect for the development of mediation as a space for ethical dialogue that affirms the dignity of every individual.