In the mediation process, the mediator needs to be able to identify the power that each party holds and how that might influence the process. It is also important for the mediator to assess how much power each party perceives the other party has. In disputes, power is defined as how one party might try to make the other party agree to something they would not agree to voluntarily.
At the beginning of a dispute, there is often an escalation period. Escalation is the growth of a conflict in its intensity, complexity, and the impact it has on the people involved. During the escalation period, people often try to use power to achieve the outcome that they want. This use of power may even be prevalent at the commencement of the mediation process. The use of power to try to force someone to comply is rarely successful. No one wins or feels satisfied with the outcome when power is used, and it can often result in a power struggle, causing an impasse and failure to reach a lasting resolution.
Sometimes, those involved in a dispute have equal or unequal power. For example, colleagues in a workplace dispute might have equal power, but if those involved in the dispute are an employee and employer, there might be unequal power. Because an imbalance of power can affect the mediation process, it is necessary for the mediator to identify what power each party has and how much.
During the mediation process, a party might try to use their power on the other party. A party might take a rigid position as a way of using their power. The mediator needs to be alert to this and use their skills to direct the parties away from their positions and focus on their interests. Another way a party might try to use their power is by using bluffs and threats against the other party. A mediator might use a caucus to address this behaviour or call it out in the meetings itself by asking the party to further explain their threat or bluff. This is sometimes referred to as a type of reality check. A party might conflate their power in the mediation process, trying to intimidate the other party to sway to their side. In this situation, a mediator might ask clarifying, consequential, and probing questions to help defuse the situation. Identifying the sources of power can be useful to the mediator and the process in helping move the parties toward a resolution. Helping the parties involved understand their own power and the power of the others involved can assist them in focusing on their interests instead of trying to use power plays against one another. Power can lose its force when it is understood.
Power only exists within the context of the conflict and the relationship of the parties involved. Power dynamics can often be fluid and changeable. An effective mediator recognizes this and is able to manage these dynamics so that the parties stay focused on the process.
A power imbalance between parties in a mediation can alter the process. When a dispute involves a significant power imbalance, it can be difficult to resolve. Mediators will sometimes determine that a power imbalance is too extreme and that it would be unethical to mediate the dispute without certain safeguards, such as the use of advocates. In an unbalanced power situation, the party with more power might be able to achieve their desired outcome at the other party’s expense. When there is a power imbalance the likelihood of threats, resistance, and even violence increases, and this is unsatisfactory to all parties involved. In the mediation process, the mediator understands that a party with less power may agree to things that are unsustainable, undesirable, and even dangerous to their own well-being. The person will less power might even become despondent, and this would be unproductive to the mediation process. Power imbalances can reduce the possibility of creative and mutually satisfactory solutions. A mediator who can shift the parties away from using their power and focus on interest-based discussions greatly increases the chances of the parties coming to a strong and sustainable agreement.
Types of power parties may hold are distributive power, integrative power, designated or given power, and legitimate power. Distributive power is power aimed at controlling and defeating the other party. Integrative power is power used with another party with the goal of mutual gain. Designated or given power is the power that a party gives to another party in the relationship. Legitimate power is power that is based on one party’s formal authority over another party. There is also real and pretended or perceived power. Real power is power that actually exists, such as if one party has a significant economic advantage over the other. Pretended or perceived power is power that may or may not actually exist, such as if one party imagines that the other party has a significant economic advantage when, in reality, they have equal economic means.
Other types of power that might exist within a dispute are expert power, coercive power, reward power, referent power, network power, information power, and resource power. Expert power is based on specialized skills one party might have that the other party does not have. Coercive power is when a party inflicts punishments or negative consequences on another party when they do not comply. This can take the form of threats and violence, and is, unfortunately, present in some intimate partner relationships. If a mediator senses a coercive power imbalance exists between parties, it is crucial that safeguards and safety plans are put in place, otherwise, the continuation of the mediation process might be unethical. Reward power is similar to coercive power, except that the consequences are desirable to the other party; this is similar to bribing. Referent power is based on the admiration one party has for the other and can cause one party to bend to the other’s will. Network power is how influential one party might be socially; in this instance, the other party might be concerned about how their reputation might be affected if they do not concede to the other party’s position. Information power is when a party knows something about the other party or information about the substantive matters of the dispute that is not common or shared knowledge. Resource power is when one party has more access to a resource, such as time or money.
In summation, there are many types and amounts of power parties hold in a dispute. Mediators must take careful note and consideration of the powers that the parties might try to use against each other in the mediation process. Because power dynamics are fluid, it is important for mediators to be continuously screening for what power their clients are trying to use and to be vigilant against power imbalances and abuses of power. Power is not always a bad thing and can be used for the positive, but power mustn’t be used inappropriately for a dispute to be resolved. If a mediator ever feels that they are in danger of crossing ethical boundaries because of a power dynamic in a mediation they are conducting, it is helpful for them to seek the counsel of a more experienced mediator or other trusted dispute resolution professional.
If you want to learn more about power imbalances and the ethics of mediation, check out our course catalog and sign-up for our mediation practice group. In our monthly mediation practice group meetings, you will meet new and seasoned mediators whom you can trust and turn to in the event you have questions about power dynamics or ethical dilemmas.
This blog post is inspired by Chapter 9: Culture, Gender, and Power as Factors in Mediation in the textbook “Choices in Approaching Conflict”, by Charles Ewert, Gordon Barnard, Jennifer Laffier, and Michael L. Maynard.
