Significant power imbalances between spouses often affect the outcome of mediation. Mediators play an important role in ensuring both parties have a fair opportunity to voice their concerns. They employ guidelines or rules and specific strategies that promote an even playing field between both parties.
Establishing ground rules
Mediators assist those in legal disputes by fostering open communication and ensuring balanced dialogue. They start by setting clear ground rules that encourage respectful communication and active listening. In cases where one spouse tends to dominate the conversation, these rules ensure that both parties have equal time to speak. Mediators prevent one spouse from dominating the other by maintaining a structured environment.
Private sessions
Another effective strategy is to use private mediation sessions, known as caucusing. During these sessions, the mediator meets with each spouse separately, which provides a safe space for each party to speak openly. This approach helps the mediator understand each party’s concerns without intimidating or influencing the other spouse.
Private sessions help the mediator identify power dynamics and tailor their approach to balance those dynamics during joint sessions.
Empowering the weaker party
Mediators can empower the weaker party by providing them with information and resources. They may suggest that the less dominant spouse consult an attorney or financial advisor before making decisions. This strategy keeps both parties equally informed during the mediation process.
Fairness in mediation
The success of mediation hinges on the mediator’s ability to navigate and neutralize power imbalances, ultimately leading to fairer outcomes for both parties. This careful balancing act increases the likelihood of reaching a resolution that both parties can accept and uphold.
