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Judging the Fairness of Mediation: A Critical Framework

NCJ Number
Mediation Quarterly Volume: 9 Issue: 1 Dated: (Fall 1991) Pages: 3-20
K E Menzel
Date Published
18 pages
A critical framework is constructed consisting of procedural and substantive fairness factors related to divorce and family mediation.
The framework consists of six external objectives factors including simple success at reaching an agreement, compliance with the agreement, cost of the agreement, the efficiency through which the agreement is reached, access to justice presented to the disputants, and the stability of the agreement over time. The four internal or subjective factors of fairness which are discussed include others' needs, relational development, satisfaction with the agreement, and the psychological effects of the agreement. This critical framework can be used to guide research, evaluation, and general judgments of fairness for all parties involved with mediation. However, the factors discussed here are most important for mediators who are responsible for ensuring a fair process and agreement. 47 references


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