Garcia2002

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Garcia2002
BibType ARTICLE
Key Garcia2002
Author(s) Angela Cora Garcia, Kristi Vise, Steven Whitaker
Title Disputing Neutrality: When Mediation Empowerment is Perceived as Bias
Editor(s)
Tag(s) EMCA, Mediation, Empowerment, Bias
Publisher
Year 2002
Language
City
Month
Journal Conflict Resolution Quarterly
Volume 20
Number 2
Pages 205-230
URL
DOI
ISBN
Organization
Institution
School
Type
Edition
Series
Howpublished
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Abstract

Researchers find that some participants in mediation hearings report that the mediator was unfair or biased, but disputants rarely communi- cate these perceptions to the mediator, and very rarely do they do so dur- ing the mediation hearing itself During data collection for a study of mediation hearings, a videotape of a smal-claims mediation hearing was made in which a disputant did make such an accusation during the hearing. This serendipitous capture of an accusation of bias on videotape enables us to examine how a mediator’s actions during the hearing may have contributed to a disputant’s perception of unfairness. Narrative analysis is used to show how mediation techniques such as empowerment, representation of disputant positions, story summarizing, and emotion work can cause a perception of bias if they are applied unequally.

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