Mindfulness Offers a New Way to Reduce Bias

  • June 14, 2019
  • Sara Robertson, Lime Horse

Our brains are constantly processing the information that bombards us. We need to make sense of the world—and fast—so we use stereotypes to fill any gaps. These stereotypes lead to biases that can affect our judgement and the way we make decisions.

Is there something we can do to reduce these biases and prevent them from influencing our choices? Recent studies have shown that mindfulness practice may be an effective way to reduce bias.

Bias in the legal world

Bias can weaken the principles of fairness and justice that are central to the law. Michael Kahn, an instructor in the Continuing Legal Education Society of British Columbia, suggests that bias “can negatively impact our interactions with others and lead us to make decisions that unintentionally disadvantage or disrespect others who are different from us.” These biases can also “lead to unfair results, or keep disadvantaged people groups from fair and proportionate participation.”

Bias is also reflected in the make up of the legal profession. Atricia Lewis cites statistics from 2016, in which “29.4 per cent of lawyers in Ontario were racialized, yet less than 7.8 per cent of all law firm partners were racialized.” Bias also affects the way lawyers from marginalized groups are perceived. A 2014 study found that senior lawyers were more critical of a memo when they were told its writer was black. These unconscious biases can influence the access lawyers have to career opportunities, and have been shown to affect retention within law firms.

Despite The Federation of Law Societies of Canada reporting in 2016, that there were 43,595 practicing women lawyers and 53,257 practicing men lawyers, female lawyers still face widespread gender bias. Women make up 9.3 per cent of law firm partners versus 22.3 per cent for their male counterparts and a report by the American Bar Association Commission on Women in the Profession found women lawyers of color were eight times more likely than caucasian men to report that they had been mistaken for janitorial staff, administrative staff, or court personnel.