This paper explores how the neutrality of the mediation process can be impacted through implicit biases and explores the implications and effects implicit biases, from both mediators and parties, can have on the mediation process. The paper also offers suggestions on how to incorporate Implicit Association Tests (IAT) and training into the mediation process to address implicit biases in neutrals.
Implicit Bias and the Case for Testing and Redress Prior to MediationShadeequa M. Smith. 35 Ohio St. J. on Disp. Resol. 169, Jan. 1, 2019