Thinking About Fairness & Achieving Balance in Mediation

Burns, Sarah E.

Journal: Fordham Urban Law Journal

Volume: 35

First Page: 39

Year: 2008

Bluebook Citation: 35 FORDHAM URB. L.J. 39 (2008)

Author: Sarah E. Burns: all 3 publications


Abstract

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.

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