How can you ensure equal access to resources in mediation?

1 Assess the resources

Before starting the mediation, you need to assess the resources that each party has or needs to participate effectively in the process. This may include legal advice, financial support, translation services, emotional support, or physical accommodations. You can use a pre-mediation questionnaire, interview, or meeting to gather this information, and identify any gaps or imbalances that may affect the mediation. For example, if one party has a lawyer and the other does not, you may suggest that both parties consult a lawyer before or during the mediation, or provide a list of low-cost or pro bono legal services.

2 Address the power dynamics

Power dynamics are the differences in influence, authority, or status that may exist between the parties, or between the parties and the mediator. Power dynamics can affect the parties' ability to communicate, negotiate, and reach a mutually satisfactory agreement. As a mediator, you need to address the power dynamics by acknowledging them, balancing them, and empowering the parties. For example, you can acknowledge the power dynamics by asking the parties how they perceive their own and the other's power, and how it affects their expectations and goals. You can balance the power dynamics by using techniques such as reframing, summarizing, paraphrasing, or asking open-ended questions, to ensure that both parties have equal opportunities to speak and be heard. You can empower the parties by encouraging them to express their interests and needs, and to generate and evaluate their own options.

3 Provide the information

Information is a key resource in mediation, as it helps the parties to understand the situation, the issues, and the options. As a mediator, you need to provide the information that is relevant, accurate, and impartial, and that supports the parties' decision-making. You can provide the information by using different methods, such as sharing documents, giving examples, explaining concepts, or inviting experts. However, you need to be careful not to give advice, opinions, or solutions, as this may compromise your neutrality and the parties' self-determination. You also need to check that both parties have access to the same information, and that they understand it in the same way.

4 Manage the time

Time is another resource that can affect the mediation process and outcome. As a mediator, you need to manage the time by setting a clear agenda, establishing a realistic timeline, and allocating sufficient time for each stage of the mediation. You also need to monitor the pace of the mediation, and adjust it according to the parties' needs and progress. For example, you can slow down the mediation if the parties need more time to process the information, express their emotions, or explore the options. You can speed up the mediation if the parties are ready to move forward, or if there are external deadlines or pressures. You also need to respect the parties' time by being punctual, avoiding interruptions, and confirming the schedule and availability of the parties.

5 Negotiate the resources

Sometimes, the resources themselves may be part of the dispute, or part of the solution. For example, the parties may disagree on how to divide money, property, or assets, or they may need financial assistance, compensation, or restitution. In these cases, you need to negotiate the resources by helping the parties to identify their interests and needs, generate and evaluate options, and reach a mutually acceptable agreement. You can use different tools, such as brainstorming, cost-benefit analysis, or bargaining, to facilitate the negotiation of the resources. You also need to ensure that the agreement is realistic, feasible, and enforceable, and that it reflects the parties' informed consent.

6 Review the resources

After the mediation, you need to review the resources by evaluating the process and the outcome, and providing feedback and follow-up. You can use different methods, such as surveys, interviews, or reports, to collect and analyze the data on the resources. You can use this data to measure the effectiveness, efficiency, and satisfaction of the mediation, and to identify the strengths and weaknesses of the process. You can also use this data to improve your skills, knowledge, and practice as a mediator, and to share your learning and experience with other mediators or stakeholders. You can also provide feedback and follow-up to the parties, by acknowledging their efforts and achievements, answering their questions, or referring them to other resources or services.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?