The Funny Thing About Mediation: A Rationale for the Use of Humor in Mediation

Authors

Whitney Meers, Benjamin N. Cardozo School of Law

Abstract

This Note will show that, because of the lack of scholarly research addressing the use of humor in mediation, general perceptions about the legal profession, and current perceptions about the use of humor in mediation, some mediators shy away from using humor in their practice because they do not fully understand when to use it and how to embrace it. While there are significant risks to consider when assessing whether humor is appropriate for a particular mediation, this Note seeks to identify some of the benefits of using humor in practice. It offers a rationale for the use of humor in mediation, showing that, as long as mediators retain common sense when assessing whether humor will be beneficial in the mediation session, they will find that, in certain situations, the combined benefits may significantly outweigh the potential risks. Further, this Note is an attempt to dissuade some fears about using humor in mediation by presenting some examples of the successful use of humor in mediation.

Disciplines

Dispute Resolution and Arbitration | Law | Law and Society

Recommended Citation

Whitney Meers, The Funny Thing About Mediation: A Rationale for the Use of Humor in Mediation, 10 Cardozo J. Conflict Resol. 657 (2009).
Available at: https://larc.cardozo.yu.edu/cjcr/vol10/iss2/12