mediation, small claims, minorities, ethnicity, gender, cross-cultural, critical race theory
This Article addresses cross-cultural dynamics in small claims court mediations in Oklahoma City (1 million population). Through the study of about 300 cases, the author concludes that (1) minority status may not matter as much as gender, (2) neither gender nor minority status may matter as much as socio-economic class, and (3) well-constructed and constantly monitored mediator training and supervision may make for fairer small claims cases where mediation is seen as adjunct to judge's role. The author urges reconsideration of critical race theory critiques of mediation and ultimately concludes that just mediation proceedings require addressing individuals' lack of knowledge.
Phyllis E. Bernard,
Minorities, Mediation, and Method: The View from One Court-Connected Mediation Program,
35 Fordham Urb. L.J. 1
Available at: https://ir.lawnet.fordham.edu/ulj/vol35/iss1/1