In mediation there is often tension between achieving a fair outcome and maintaining a fair procedure. In court connected mediation procedures the focus is often more on the outcome of the mediation in terms of whether or not a settlement is achieved. However, recent research shows that mediators should not view the fairness of the procedure as a secondary concern. This is because it has been shown that in third party dispute resolution procedures the use of a fair procedure can increase the satisfaction of all concerned and can enhance disputants’ perceptions of overall fairness and acceptance of the decision, regardless of the outcome.
"Procedural justice in mediation: an empirical study and a practical example,"
ADR Bulletin: Vol. 5
, Article 1.
Available at: http://epublications.bond.edu.au/adr/vol5/iss7/1