Mediation and the Art of Power (Im)Balancing
AbstractSome commentators on mediation purport to be tired of hearing about power imbalances and the inequities that can arise for women in mediated disputes as a result of them. I reject this attitude and aim in this article to continue the dialogue on power imbalances and mediation, particularly in the context of family disputes. Mediation theory as to the ability of mediators to redress power imbalances is questioned. Mediation is not completely rejected as a dispute resolution option for women on this basis, however. Rather a proviso is placed on its use, namely that women must always be given the opportunity to make a fully informed decision regarding the consequences of their participation and the disadvantages they may face as a result of power imbalances.
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