Power Imbalances during the Mediation Process

Abstract

Mediation Process has become an international phenomenon for the settlement of conflicts among people. It is used for various kinds of conflicts between people. In this paper, we have discussed the topic of mediation process and its power imbalances. In addition, we have analyzed the various techniques that can be used to settle the power imbalances during the mediation process.

Table of Contents

Abstractii

Introduction4

Discussion5

Mediation7

Characteristics of Mediation9

Difficulties Raised By Mediation - Power Imbalances10

Power Imbalances during Mediation Process11

Negotiation Assistance and Power Imbalances12

Adjudicative Processes and Power Imbalances13

Arbitrative Processes and Power Imbalance14

Arbitration as Balancing Mechanism - Potential Pathways15

Power-Balancing Techniques16

Facilitation17

Dialogue18

Designing a Mediation Program20

Conclusion22

Power Imbalances during the Mediation Process

Introduction

Mediation is becoming increasingly prevalent as a method of settling disputes in the Canada, as well as internationally. As such, the frequency of mediations that involve more than one culture is also increasing. As markets continue to globalize, use of international mediation will almost certainly continue to increase, and the research on conflict mediation will expand.

In many cities in the Canada and around the world, trust between communities and law enforcement agencies is often sub-optimal, especially in areas with large minority populations or a history of tensions between government and civil society. Given that law enforcement agencies rely on community relationships and resources to provide and ensure public safety, it is important for communities and police officers to have opportunities for dialogue, especially surrounding difficult issues such as racial profiling, homelessness, and police responses in violent situations. The conflict resolution field can offer many tools to help build bridges between communities and law enforcement agencies, including community dialogue programs for long-term systematic issues as well as mediation for short-term interpersonal disputes.

Mediation is more and more becoming recognized as a practical tool to address disputes as an alternative to traditional justice models such as time-consuming litigation and formal investigations that do not repair relationships. In the context of police-community disputes, mediation is increasingly used to handle certain kinds of disputes. Clearly, if a serious crime is committed by either the civilian or the responding officer, a formal criminal investigation would have to be conducted. However, when allegations of police misconduct are made, such as the use of foul language by an officer or the use of a tactic that appeared inappropriate to a civilian, mediation can be a beneficial process. Currently, several police departments across the Canada have implemented community mediation forums to address such disputes. Several other departments in the world have taken steps to create such mediation programs, or some other form of community conflict resolution initiatives such as Restorative Justice or Victim Offender Mediation programs. Given the voluntary and confidential nature of mediation, the police officers and community members involved in a specific dispute can participate in the process and share their perspectives on the conflict-producing incident. With the guidance of a trained mediator, they are able to derive mutually beneficial agreements.

In this paper, we have analyzed the process of mediation and its role in settling ...