How do you balance power dynamics and fairness in mediation?

1 Understand the context

Before you start the mediation, you need to understand the context of the conflict, the interests and needs of the parties, and the sources of power and imbalance. Power dynamics can be influenced by factors such as status, authority, resources, knowledge, skills, emotions, culture, and relationships. Fairness can be perceived differently by the parties depending on their values, expectations, and norms. You need to assess the context and tailor your approach accordingly.

2 Establish ground rules

One way to balance power dynamics and fairness is to establish ground rules for the mediation process. Ground rules are the basic principles and expectations that the parties agree to follow during the mediation. They can include things like confidentiality, respect, listening, honesty, cooperation, and flexibility. Ground rules can help create a safe and respectful environment, prevent or manage disruptive behaviors, and promote trust and communication.

3 Use active listening

Active listening is a key skill for mediators. It involves paying attention, reflecting, summarizing, clarifying, and validating what the parties say. Active listening can help you balance power dynamics and fairness by showing that you care, understand, and respect the parties, by encouraging them to express their views and feelings, by identifying common ground and differences, and by addressing any misunderstandings or miscommunications.

4 Empower the parties

Another way to balance power dynamics and fairness is to empower the parties to make their own decisions and take responsibility for the outcome. You can do this by asking open-ended questions, reframing issues, generating options, exploring consequences, and testing reality. You can also use techniques such as brainstorming, role reversal, and caucusing to help the parties think creatively, empathize with each other, and overcome impasses.

5 Be impartial and neutral

As a mediator, you need to be impartial and neutral. This means that you do not take sides, favor, judge, or advise the parties, and that you do not have any personal or professional interest or bias in the outcome. You need to maintain your impartiality and neutrality throughout the mediation process, and disclose any potential or actual conflicts of interest. You also need to respect the parties' self-determination and autonomy, and avoid imposing or coercing any solutions.

6 Manage ethical dilemmas

Sometimes, you may face ethical dilemmas as a mediator. For example, you may have to deal with issues such as confidentiality, informed consent, disclosure, fairness, power imbalance, cultural diversity, or human rights. You need to be aware of the ethical standards and codes of conduct that apply to your profession and context, and use your judgment and values to resolve any ethical dilemmas. You also need to consult with your peers, supervisors, or mentors if you need guidance or support.

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?