NCJ Number
96519
Journal
Mediation Quarterly Issue: 6 Dated: (December 1984) Pages: 17-26
Date Published
1984
Length
10 pages
Annotation
The essential values and characteristics of mediation make it a particularly effective means of dispute resolution in situations where power imbalances play a role.
Abstract
Eleven steps are suggested for addressing power imbalances in mediation: (1) do not make unnecessary assumptions about existing power relationships, (2) exploit mediation's innate ability to address power imbalances, (3) encourage the parties to share knowledge, (4) use the parties' desire to settle as a lever, (5) compensate for low-level negotiating skills, (6) interrupt intimidating negotiating patterns, (7) make accommodations for language differences, (8) respect the needs of young people, (9) watch to see that one party does not settle out of fear of violence or retaliation, (10) conduct mediation in a context that offers information and support to both parties, and (11) do not rush to settlement. It is appropriate to terminate a case under six conditions. These are (1) when a party does not fully understand the mediation process, (2) when a party is unwilling to honor mediation's basic guidelines, (3) when a party lacks the ability to identify and express his/her interests and to weigh the consequences of the terms of the agreement, (4) when a party is so seriously deficient in information that any ensuing agreement would not be based on informed consent, (5) when a party indicates agreement out of fear of the other party, and (6) when one or both parties agree that they want to end the session. The decision to terminate should be made in a way that does not further increase the power imbalance and that continues to demonstrate that both parties will be treated with full and equal respect. Ten references are supplied.