Terzet-Digitaal Congres-15-dhr. dr. R. van Es

TERZET 25 JAAR- DIGITAAL CONGRES 2018 9 What are the facts? The client had a one-year contract and had been told he would receive an open-ended contract in a few months’ time. That meant a difficult mediation process was about to be concluded successfully. The client had sexual relations with a 16-year old girl, the babysitter who took care of his children. As soon as the employer heard of this, he reached a moral conclusion, condemning the employee and declaring that he wanted nothing more to do with him. He told the counselor this in confidence. The employer told the employee that he was firing him, but that he was doing so for economic rather than moral reasons. Who are the stakeholders? The direct stakeholders are the client, his personal injury lawyer, the liable party, the employer and the vocational rehabilitation counselor. The indirect stakeholders are also deeply involved: the client’s wife, their children, the babysitter, the local community, and, more widely, Dutch society. What is at stake for each of the stakeholders? To the client, it is crucial to regain self-respect; to be fully included in the local community, and to develop self- confidence following his setback or misfortune. Those who hired the mediator (the lawyer and the liable party) set most store by efficiency and a successful mediation process. From the vocational rehabilitation counselor’s point of view, it is important that his client is successfully placed in a new job with the help of the counselor’s professional expertise and in cooperation with all those involved. The employer is mainly interested in an employee who performs well, being seen to be doing the right thing by hiring him, and maintaining a connection with the local community. From the client’s wife’s perspective, the most important goals are: her husband’s rehabilitation and the resulting psychological stability and financial security (also for the children’s sake). From the point of view of the babysitter, it is important to note that the local community has significantly restricted her freedom of action as a minor. What is at stake for the local community is maintaining shared values and norms. And finally: Dutch society foots the bill for such vocational rehabilitation mediation processes, and expects them to be used with restraint and great care. Short observation Because the conduct of the employer and employee are so deeply entwined, we view their interaction as a whole. We do so without losing sight of the fact that each individual is responsible for his own actions. We refrain from heaving moral accusations at the employer or employee, not to mention the babysitter, because this is hardly a sensible option for a vocational rehabilitation counselor. Such a response only creates more distance and seldom teaches anyone anything. It is more effective to apply the ethical issues to oneself as a professional. Formulating Ethical Issue #1 Is it ethically apt, in my role as a vocational rehabilitation counselor, to condone the conduct of this employer and employee? Stage 2: Ethical judgment - Argumentation For and Against In the judgment stage, we first assess our ethical perspectives. There are three classical angles: principles, consequences and virtues. Principles are convictions that need no further substantiation. Other convictions that fall into this category are rights and duties. The question is: ‘Which rights, duties or principles are at stake in this case’? Consequences are the short and long-term results of the action to be taken in this case. So the question is: “What are the possible positive and negative consequences of this course of action?” Virtues are deliberate ways of approaching life; they are part of one’s attitude toward life and one’s personality. The question is: “What kind of person do I want to be?” And: “Are my actions appropriate in this context?” Each angle plays a unique role in clarifying the ethical issue. This may lie in the fact that ethical aspects are formulated slightly differently from each angle. A particular aspect may be brought to the fore when viewed from one angle, but left in the background when seen from another. The most complete analysis will take all three perspectives into account. This will also give us a list of arguments for and against ethical issue #1, which we will rephrase here briefly as follows: “Is it ethically apt for me to condone these two people’s conduct?’