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Dispute Resolution and Arbitration

Journal

Mediation

Fordham Urban Law Journal

2008

Articles 1 - 2 of 2

Full-Text Articles in Law

Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns Jan 2008

Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns

Fordham Urban Law Journal

This Article identifies five sources of bias present in mediation practice: (1) categorization, (2) attribution, (3) metaphorical expression, (4) norming, and (5) framing. For each of these "cognitive efficiencies," which contribute to bias in mediation, the author provides practice recommendations. Finally, the author suggests that the Article be read as a proposal for further thought and inquiry to improve the fairness of mediators.


Minorities, Mediation, And Method: The View From One Court-Connected Mediation Program, Phyllis E. Bernard Jan 2008

Minorities, Mediation, And Method: The View From One Court-Connected Mediation Program, Phyllis E. Bernard

Fordham Urban Law Journal

This Article addresses cross-cultural dynamics in small claims court mediations in Oklahoma City (1 million population). Through the study of about 300 cases, the author concludes that (1) minority status may not matter as much as gender, (2) neither gender nor minority status may matter as much as socio-economic class, and (3) well-constructed and constantly monitored mediator training and supervision may make for fairer small claims cases where mediation is seen as adjunct to judge's role. The author urges reconsideration of critical race theory critiques of mediation and ultimately concludes that just mediation proceedings require addressing individuals' lack of knowledge.