Why is Fairness 'Grubby?' - Semantics, Etymology and Perspectives in Dispute Resolution

30 Pages Posted: 2 Apr 2010

See all articles by Barbara Wilson

Barbara Wilson

Independent

Alastair Wilson

affiliation not provided to SSRN

Date Written: April 18, 2007

Abstract

The words fairness and justice are often used interchangeably within the legal and ADR (Alternative Dispute Resolution) literature. This paper sets out to provide a very brief overview of certain relevant case law in this jurisdiction (England and Wales), considerations of ideologies of law and ADR, and some of the concerns around mediation. Whether what constitutes fairness and justice is influenced - or even determined - by the etymology of these terms is then considered. The paper concludes that, incorporating this and earlier academic work related to group processes, clients’ perceptions of “fairness” can be addressed and maximized within the mediation process. An increased understanding of these concepts might in turn benefit mediation practitioners in the conduct of their work.

Keywords: Fairness, Justice, Mediation, Mediator, ADR, Alternative Dispute Resolution

Suggested Citation

Wilson, Barbara and Wilson, Alastair, Why is Fairness 'Grubby?' - Semantics, Etymology and Perspectives in Dispute Resolution (April 18, 2007). Texas Wesleyan Law Review Symposium, Vol. 13, No. 2, pp. 795-817, 2007, Available at SSRN: https://ssrn.com/abstract=1583512

Alastair Wilson

affiliation not provided to SSRN ( email )

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
93
Abstract Views
983
Rank
507,024
PlumX Metrics