In mediation, what specific action by the mediator most effectively addresses a significant power imbalance between parties?
In mediation, the specific action by the mediator that most effectively addresses a significant power imbalance between parties is employing procedural techniques to ensure equitable participation and fairness. Mediation is a process where a neutral third party helps conflicting parties reach a mutually acceptable agreement. A power imbalance exists when one party has significantly more influence, resources, or control than the other, potentially leading to an unfair outcome. To counteract this, the mediator can use several procedural techniques. This includes establishing clear ground rules that promote respectful communication and prevent intimidation, actively managing the agenda to ensure both parties' issues are addressed adequately, using private caucuses (individual meetings with each party) to provide a safe space for the less powerful party to express their concerns and explore options without direct confrontation, and reality-testing proposals to ensure they are realistic and sustainable for both sides. For example, if one party is dominating the discussion and interrupting the other, the mediator can enforce a rule that each party gets equal time to speak without interruption, and actively intervene if the rule is violated. This doesn't eliminate the power imbalance, but it creates a more level playing field within the mediation process itself.