Why is Fairness 'Grubby?' - Semantics, Etymology and Perspectives in Dispute Resolution

The words fairness and justice are often used interchangeably within the legal and ADR (Alternative Dispute Resolution) literature. This paper sets out to provide a very brief overview of certain relevant case law in this jurisdiction (England and Wales), considerations of ideologies of law and ADR, and some of the concerns around mediation. Whether what constitutes fairness and justice is influenced - or even determined - by the etymology of these terms is then considered. The paper concludes that, incorporating this and earlier academic work related to group processes, clients’ perceptions of “fairness” can be addressed and maximized within the mediation process. An increased understanding of these concepts might in turn benefit mediation practitioners in the conduct of their work