POWER BALANCING IN MEDIATION: OUTCOMES AND IMPLICATIONS OF MEDIATOR INTERVENTION

Literature on power differentials within mediation sessions has indicated that when power imbalances are too great, mediation is not the proper venue for the resolution of these disputes. However, when there is not an incapacitating imbalance, it is possible that mediators can take steps to rectify this situation. A field study was conducted at two community dispute settlement centers in New York State, with the proceedings of 73 actual cases transcribed and then coded to: (1) determine the impact of unequal power on the outcome of interpersonal mediation; (2) examine how mediators deal with unequal power; (3) assess the impact of mediator efforts to balance power discrepancies, and (4) determine the impact of disputant characteristics on differences in power and outcome. It was found that the mediators in the present study did attempt to remedy power imbalances: by encouraging the more passive disputant to participate more in the hearing by criticizing aggressive disputants, and by asking embarrassing questions of more argumentative disputants and those taking a determined principled stance. However, contrary to expectations, it was found that mediator efforts to balance power discrepancies were not successful, power discrepancies did not lead to unequal agreements, and being a female or a minority did not lead to an unfair outcome.