Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Discrimination

Dispute Resolution and Arbitration

Fordham Law School

Articles 1 - 1 of 1

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.