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 Link
DOI 10.1002/crq.20
ISBN
Organization
Institution
School
Type
Edition
Series
Howpublished
Book title
Chapter

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Abstract

Researchers find that some participants in mediation hearings report that the mediator was unfair or biased, but disputants rarely communicate these perceptions to the mediator, and very rarely do they do so during the mediation hearing itself. During data collection for a study of mediation hearings, a videotape of a small‐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 disputants 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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