Professor Clark J. Freshman
University of Miami School of Law

Proponents of mediation and other forms of ADR frequently say that mediation by an individual's "own" community will serve her and her community and protect the community norms against the hegemony of forces of assimilation. The paper assesses these claims from modern perspectives of psychological research and critical practices, such as Critical Race Theory and Queer Theory, which now recognize that individuals may face complex and shifting senses of both community and prejudice. The paper further considers an economic perspective on communities and prejudices in mediation.

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