Mindfulness Meditation, the Cultivation of Awareness, Mediator Neutrality, and the Possibility of Justice

Authors

Evan M. Rock, Benjamin N. Cardozo School of Law

Abstract

This Note argues that the cultivation of awareness through meditation enhances a mediator's ability to be neutral, thereby increasing the possibility of just outcomes from mediation sessions. Part I introduces and explains the basic practice of mindfulness meditation. Part II examines the necessity of neutrality for just outcomes in mediation, the classical view of neutrality as impartiality, and the importance of a mediator's awareness of his biases and preferences for maintaining neutrality. Part III examines the use of procedure in maintaining neutrality during a mediation session, and how a mediator's awareness of his thoughts and emotions can be helpful in maintaining neutrality through procedure. Part IV examines some critiques of mediator neutrality qua impartiality, and explains why the cultivation of awareness is still important for neutrality particularly if those critiques are accepted. Finally, Part V proposes the incorporation of mindfulness mediation into mediator training.

Disciplines

Dispute Resolution and Arbitration | Law | Legal Ethics and Professional Responsibility

Recommended Citation

Evan M. Rock, Mindfulness Meditation, the Cultivation of Awareness, Mediator Neutrality, and the Possibility of Justice, 6 Cardozo J. Conflict Resol. 347 (2005).
Available at: https://larc.cardozo.yu.edu/cjcr/vol6/iss2/8