MEDIATION AND EQUALITY
If you are considering mediation for a business or property dispute, here are a few tips.
- Even though the word ‘mediation’ is derived from the latin word for ‘middle’, mediation does not mean that a dispute is settled by splitting the difference and ‘going up the middle.’
- Mediation takes a number of factors into consideration. One of these is ‘power imbalance.’ If one party has more resources than another, resolution will likely result that favours the party with greater resources.
- However, power balances may shift depending upon new facts such as operational snags and negative media coverage where the public is following the process.
- The skill of a weaker party can make up some of the ground lost to power imbalance as the facts change. Any negotiation involves the use of psychology and at times a power advantage may work against the interests of the more powerful party.
