Written by Nathalia Odidika-Esezobor
Mediation provides a safe forum where parties can have healthy communication which will enable them to find amicable ways of resolving their disputes.
During mediation sessions, power imbalances manifest threatening to truncate the process and if not properly managed by the mediator, can result in an impasse. Thus, a Mediator has a vital role to play by ensuring the issue is addressed adequately.
This article will address the issue of power imbalance and the various strategies a Mediator can adopt to address it.
WHAT IS POWER IMBALANCE?
A power imbalance refers to an unequal distribution of influence, authority, or control between individuals or groups in a relationship or situation. It can affect dynamics in various settings, such as personal relationships, workplaces, or societal structures.
In mediation, a power imbalance occurs when one party involved has significantly more influence, resources, or control over the mediation process than the other. This imbalance can hinder fair negotiations and may require the Mediator to employ strategies to ensure both parties have an equal opportunity to express their concerns and participate in finding a resolution.
STRATEGIES FOR ADDRESSING POWER IMBALANCE DURING MEDIATION
One of the major roles of the Mediator is to effectively manage the communication channels between disputing parties. He or she must possess the requisite communication skills, otherwise, the situation may lead to an impasse. Here are some strategies that will assist the Mediator under such circumstances.
- Equalizing Communication: Ensure that all parties have an opportunity to express themselves without interruption. The Mediator can control the flow of communication to prevent dominant parties from overshadowing others.
- Private Sessions (Caucuses): Conduct private sessions with each party individually. This allows the Mediator to understand concerns, fears, or power dynamics that might not be openly discussed in the group setting. If the power dynamics are identified, the Mediator can assist parties to work on potential solutions. This allows the mediator to understand each party’s perspective more deeply and provide targeted support.
- Setting Ground Rules: Establish ground rules for communication that promote fairness and equality. This may include taking turns speaking, active listening, and refraining from interrupting.
- Neutrality and Impartiality: Emphasize the mediator’s role as a neutral and impartial facilitator. This helps build trust among the parties, especially those who may feel disadvantaged.
- Encourage Self-Determination: Empower parties to make their own decisions. Ensure that no party feels pressured into an agreement and that they have the autonomy to voice their concerns.
- Use of Support Persons: Allow parties to bring support persons or advisers to the mediation. This can help balance power dynamics by providing additional perspectives and emotional support.
- Education: Educate all parties about the mediation process, their rights, and the potential outcomes. Knowledge empowers participants and can mitigate power imbalances.
- Reality Checking: If a power imbalance becomes apparent, the mediator can address it openly during the mediation session. The Mediator can acknowledge the concerns of the parties and work with them to find ways to balance the playing field.
- Foster Collaboration: Encourage collaboration rather than competition. Emphasize the shared goal of reaching a mutually agreeable resolution rather than focusing on individual power.
- Continuous Monitoring: The Mediator must continuously monitor and assess power dynamics throughout the mediation process. He/she must be ready to intervene if imbalances re-emerge, adapting strategies as needed.
- Adjusting the Physical Environment: Arrange seating and the physical environment to avoid any perception of hierarchy. Sometimes, small adjustments can contribute to a more balanced atmosphere.
CONCLUSION
Every mediation session is unique, thus, a Mediator should adopt the approach that works best based on specific circumstances and dynamics present. By implementing these strategies, a Mediator can contribute to a more balanced and fair mediation process, fostering an environment where all parties feel heard and empowered to actively participate in finding mutually agreeable solutions.