Power Imbalance in Mediation
نویسنده
چکیده
This paper will review literature on Western mediation to determine whether power balance is an issue that is considered in the theoretical literature on this subject. The impact of power imbalance on the mediation process will be discussed. Attention will also be given to the role of mediators and participants in wielding influence over the power dynamic in mediation. The premise that there are "actual programmes" that seek to redress the issue of power imbalance in mediation will be examined. It will be argued that there are protocols and processes inherent in mediation programmes which promote equality and minimise power disparity between parties. This issue will be discussed with specific reference to the NSW Farm Debt Mediation and Telecommunications Industry Ombudsman schemes. Whether the features of these mediation programmes are sufficient in themselves to counter-balance inequality in power relations will be discussed.
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