An interesting note in the September 2012 ABA Journal: belief in bias or belief in the existence of negative stereotypes about a group to which you belong, can block your success. Research by Steven Spencer, psychology professor at the University of Waterloo shows that when a group of students were told men do better on a graduate level math test, the men in fact did better. However, there was no difference if the students were told there was no score difference based on gender.
The article went on to note Golden Gate University School of Law had discovered a similar problem: it had been put on ABA probation for its low bar pass rates. The University then interviewed students and learned they did not expect they would pass the bar on the first try. However, the school raised its bar passage rate from 32 to 77% over several years after an effort to provide more positive support, achievement recognition, and encouragement to its students.
As a hearing examiner, I have noticed over the years that some witnesses come before me with a bit of attitude, such as overt disregard or belligerence. However, they usually get over it when I demonstrate the I am prepared to listen respectfully to their testimony. The earlier examples make me wonder if, in some cases, the witnesses are initially responding to an internalized belief that they will not be believed, such as because their different education levels or socioeconomic status? As we all know, hearing examiners must always be diligent in identifying not just their biases, but incorrectly perceived biases that can nonetheless affect due process in their hearing room.
If you are interested in neutral services
such as arbitration, mediation or contract ALJ services, in labor/employment or
other areas of the law, please contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com.
