Disputing Neutrality: A Case Study of a Bias Complaint During Mediation

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 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.