What Advice is Beneficial for New Mediators Handling Parties With Different Power Dynamics?
Mediator Experts
What Advice is Beneficial for New Mediators Handling Parties With Different Power Dynamics?
Navigating the complex world of mediation can be a daunting challenge, especially when dealing with parties that have vastly different power dynamics. This Q&A article kicks off by exploring the crucial advice of ensuring a balance of power and wraps up with the importance of focusing on shared goals. In between, seven valuable insights are presented to guide new mediators through these intricate situations. Discover the wisdom of experienced mediators and equip yourself with the strategies to foster fair and effective negotiations.
- Ensure Balance of Power
- Actively Enforce a Level Playing Field
- Highlight Power Differences Transparently
- Encourage Understanding of Each Other's Views
- Practice Active Listening
- Create a Safe Environment
- Focus on Shared Goals
Ensure Balance of Power
As a new mediator, it's natural to feel intimidated by extreme power dynamics, but your role is to confidently guide the mediation and ensure a balance of power. Don't allow the more dominant party to take control of the process. Pay close attention to the party with less power, ensuring they feel safe, are able to speak, and are being heard. If a party hesitates to speak in front of the other, or explicitly states discomfort, use a caucus to explore the issue. For example, I recently had a party tell me from the outset that they would only feel comfortable answering my questions privately and refused to share their goals for mediation. Although this was out of order, I immediately moved into a caucus to ensure they felt safe to continue. In situations like these, it's critical to confirm that the less-powerful party does not feel threatened or pressured. Remember, it's also important to take breaks if needed to collect yourself and maintain control. Lastly, if mediating in person, always provide separate spaces for each party during breaks and never leave them alone in the same room regardless of the power dynamics.
Actively Enforce a Level Playing Field
I am a divorce attorney-mediator with a high-volume practice in Massachusetts. I have successfully mediated over 1,800 divorces. I am a graduate of Brown University and the University of Pennsylvania Law School.
Power differentials are the hidden scourge in divorce mediation. I tell new mediators to abandon their ideals of being a completely neutral mediator facilitating discussions between sincere and well-meaning clients and think of themselves as more like a powerful referee. The referee enforces a level playing field, minimizing the effects of power differentials. It is very important to be an ACTIVE mediator who makes sure the couple understands legal parameters, rights, and standards. Stop listening to the naggers who say, "mediators can't give legal advice" and give exhaustive "legal information." Master financial calculations and illustrate in black-and-white numbers the fairness (or lack thereof) of each financial decision the couple is considering. Even a relatively unassertive spouse may be empowered to speak up for themselves if they can see that their spouse is trying to pay below-standard amounts for child support or if the division of assets is not close to 50-50.
If an agreement looks unfair, advise BOTH spouses to consult with outside attorneys to increase the chance that a judge will approve the agreement.
Attorney Julia Rueschemeyer
Divorce Mediator & Divorce Lawyer, Amherst Divorce
Website URL: www.amherstdivorce.com/
LinkedIn: https://www.linkedin.com/in/julia-rueschemeyer-61650988/
Headshot: https://drive.google.com/file/d/1KYPIigrrvqsmhQeykDJEDLpKXxhVkDnR/view?usp=sharing
Highlight Power Differences Transparently
It's important to highlight the power differences between the parties so that it can be addressed directly and without bias. This helps in setting a realistic foundation for the mediation process. Both parties should be made aware of these imbalances to avoid misunderstandings later on.
Such an approach fosters transparency and trust among all involved. Make efforts to bring fairness into the process despite the power differences.
Encourage Understanding of Each Other's Views
New mediators should encourage the parties to take time to understand each other's views and needs. When each party sees where the other is coming from, they are more likely to find common ground. Shifting focus from positions to underlying interests can make negotiations smoother.
This approach helps to balance the power dynamic by giving equal importance to both perspectives. Keep promoting mutual understanding to ease tensions.
Practice Active Listening
Using active listening can make both parties feel valued and heard, which is crucial for any mediation. By fully focusing on what each party says without interrupting, mediators can show respect for their experiences. This practice can help uncover unspoken concerns and bring them to the forefront.
Validation through listening can bridge the power gap more effectively. Continue to practice active listening for better outcomes.
Create a Safe Environment
A neutral and safe setting is essential for parties to feel comfortable sharing their thoughts honestly. When individuals feel secure, they are more likely to speak openly about their issues. This can be particularly helpful when handling uneven power dynamics.
A safe environment encourages equal participation, making the mediation process more balanced. Strive to create a space where everyone feels safe to speak.
Focus on Shared Goals
Focusing on shared goals can help level the playing field between parties with different power levels. When everyone works toward the same objectives, it redirects focus from individual differences. By highlighting common interests, mediators can reduce the impact of power imbalances.
This unity of purpose creates a collaborative atmosphere. Always aim to identify and emphasize common goals to facilitate agreement.