According to the Merriam-Webster Dictionary bias is “an inclination of temperament or outlook especially: a personal and sometimes unreasoned judgment : prejudice”.
Mediation is a tool for resolving conflict in a way that relies on facilitating a dialogue between parties while remaining impartial and neutral. If the mediation is successful, an agreement will be reached by the parties that is satisfactory for everyone.
Bias can influence a mediator’s actions, reactions or interactions with one or both of the parties. There are many types of implicit biases, but this article will look at just a few.
Implicit Bias – These are unconscious attitudes or stereotypes that can affect the mediator’s ability to listen fully to what is being said and to be able to remain impartial and neutral in their dealing with the parties. For example, a mediator may unconsciously align themselves with a person with the same cultural background.
Confirmation Bias – This bias occurs when the mediator, or a party, gives more weight to information that supports their existing beliefs while dismissing contradictory evidence. A party believes that it is best for the children to spend most of their time with their mother even though the mother has had a history of drug and alcohol issues that makes her behavior, at times, erratic.
Anchoring Bias – An anchoring bias is when a person’s decisions or beliefs are influenced by the first piece of information, they hear regardless of subsequent information that might be better. Their decision is based on too little information or irrelevant information. A party believes that the amount of parenting time should be what the judge has laid out even when the other party has shown that that schedule is not working any more due to changes in school schedules.
Cultural Bias – Differences in language, values and customs can lead to misunderstanding, misinterpretations, or judgments. An example would be that when greeting a Marshallese person, the mediator comes in close to the person and puts his/her arm around the shoulders of the person. In Marshallese culture, it is not appropriate to have public displays of affection particularly with people you do not know. The mediator’s action would put the Marshallese person on the defensive and would make them uncomfortable in the mediation.
Bias in mediation can affect the outcome of the mediation by parties perceiving the mediator is unfair or is giving undue attention to one of the parties or one of the parties’ ideas. This can cause a breakdown of the process and cause the mediation to fail.
The way to combat these unconscious thoughts is to become aware of your personal biases. By learning about bias and how it affects your thoughts and your actions. There are many online tests you can take that help you learn about your biases. The Implicit Bias Test through Harvard University is easily accessible and free online and it is a valuable tool to learn about your biases. Learn about other cultures, not only about their differences but their similarities to your culture. Always go back to your mediation training! Active listening is a wonderful way to overcome your bias. If you are actively listening to what exactly the parties are saying, you will be able to consciously override any bias you might have and help the parties to understand each other’s needs.
We as mediators must work to keep our process neutral and impartial in all areas and to accomplish that, we must be aware of our own thoughts and work hard to keep them out of the mediation.