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34 Wash. U. J. L. & Pol'y 71 (2010)
Implicit Bias and the Illusion of Mediator Neutrality

handle is hein.journals/wajlp34 and id is 73 raw text is: Implicit Bias and the Illusion of Mediator Neutrality Carol Izumi* INTRODUCTION Plaintiff (P), the owner/operator of a carpet cleaning business, sued the defendant-homeowners for $500 in a breach of contract action for the unpaid balance of a $1, 000 carpet cleaning agreement. Defendants (Ds or Mr. and Mrs. D) counterclaimed for the return of the $500 deposit they paid before work began. Ds hired P to dry out and clean the soaked carpet in their basement, which had flooded during a storm. Ds refused to pay the balance because the carpet had not dried out as P promised. Under the small claims court mediation program, the parties were required to attempt mediation before a trial date was set. P was a middle-aged white male who attended the mediation in work clothes. Ds were an equally mature married couple of Asian descent who spoke with noticeable accents. They were dressed in what might be called business casual attire. The mediation was conducted around a large conference table by two white co- mediators: a male who looked to be in his forties and a younger female. The mediators conducted a caucus model facilitative-style mediation. P presented the case as a simple breach of contract: the agreement between the parties required the homeowners to make two * Clinical Professor of Law, University of California, Hastings College of Law and Professor Emeritus of Clinical Law, George Washington University Law School; former Director of the GWU Law School Consumer Mediation Clinic and Community Dispute Resolution Center Project. The author thanks Washington University School of Law and the wonderful organizers and participants at the New Directions in ADR and Clinical Legal Education Roundtable. This Article was produced during my tenure at GW so special thanks go to my former GW colleagues, Dean Fred Lawrence and Associate Dean Paul Butler for their support, and Phyllis Goldfarb, Susan Jones, Joan Meier, and Paula Williams for their invaluable comments and encouragement. Extra special thanks to UC Hastings Chancellor and Dean Frank Wu for his support and good counsel. 71