Handling Power Imbalances in Mediation

Power imbalances are a reality in many mediations. One party may have greater legal knowledge, more financial resources, or simply more confidence navigating the process. If not addressed, these imbalances can lead to unfair outcomes or failed resolutions.

As a mediator, my role is to ensure a fair process—one where all parties have an equal opportunity to be heard, to understand, and to reach informed decisions. Here are several tactics I use to level the playing field:

1. Build Psychological Safety Early

Creating a neutral, respectful environment from the beginning encourages participation. I take time in private caucuses to help less-experienced parties understand the process, ask questions, and feel comfortable voicing concerns. This emotional support builds confidence.

2. Adjust the Format as Needed

Sometimes, joint sessions can exacerbate power dynamics. If one party dominates the discussion, I may shift to caucuses sooner or restructure the format to ensure balance. Flexibility is essential to avoid intimidation or silence from one side.

3. Clarify, Summarize, and Reframe

When one side has more legal or technical knowledge, I take time to summarize key points, ask clarifying questions, and reframe complex ideas in accessible language. This ensures that everyone is tracking the negotiation and fully informed.

4. Address Imbalances Privately

I often speak with counsel confidentially to raise concerns about tone, pace, or tactics. A candid reminder that the mediation must remain collaborative—not adversarial—can make a big difference.

Power imbalances don’t have to derail resolution. With the right structure and approach, a skilled mediator ensures that every party—not just the strongest—can leave the table with a fair and enforceable agreement.