Conceptions and Perceptions of Fairness in Mediation

61 Pages Posted: 26 Aug 2015

See all articles by Omer Shapira

Omer Shapira

Ono Academic College Faculty of Law

Date Written: 2012

Abstract

The article discusses the meaning of fairness in mediation. Mediation academics and the drafters of codes of conduct for mediators frequently employ fairness terminology but tend not to define it. As a result fairness discourse in mediation literature is incoherent, inconsistent, and confusing. Moreover, in the absence of a defined meaning of fairness it is difficult to evaluate the strength of fairness-based arguments which commentators make. No author has yet offered a coherent theory of fairness in mediation.

The article suggests a new and innovative approach for understanding mediation fairness. Drawing on literature from philosophy, morality, professional ethics, jurisprudence, and mediation the article identifies perspectives of fairness which clarify the meaning of fairness in mediation, provide tools for a better understanding of what codes of conduct and mediation literature on fairness mean when they make assertions of unfairness, and make it possible to evaluate the force of these assertions.

Keywords: mediation, mediator, fairness, ethics, code, professional, self-determination, impartiality, trust, justice, power, unfair, outcome, profession, duty, accountability, public

JEL Classification: K10, K19, K40, J52, D74

Suggested Citation

Shapira, Omer, Conceptions and Perceptions of Fairness in Mediation (2012). 54 South Texas Law Review 281 (2012). Available at SSRN: https://ssrn.com/abstract=2650457

Omer Shapira (Contact Author)

Ono Academic College Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

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