Abstract
The power imbalance in mediation can use of tactics and strategies employed by an intelligent mediator may well balance the power dynamics in a mediation process. Thus the role of mediator becomes very significant vis-à-vis power imbalance. The present paper will first try to highlight the issue of power imbalance and its implications, and then analytically explore the ways and means of eliminating or minimizing or controlling any power imbalance in mediation process
Highlights
Mediation of late has emerged as an effective ADR mechanism
A range of tactics and strategies employed by an intelligent mediator may well balance the power dynamics in a mediation process
Try to discuss and analyse a very critical issue that is of power imbalance in mediation, which is the central question of the present paper as outlined in the beginning
Summary
Mediation of late has emerged as an effective ADR mechanism. Globally it is experiencing a boom especially in US, Canada, Europe, Australia etc. In India too, the practice of mediation has fast picked up with setting up of good number of Mediation Centres across the country. About mediation, it is said that it provides "private justice behind closed doors” What goes inside such closed doors is business of nobody except the disputants and mediator. In such a scenario there is a fair amount of likelihood of one party dominating the other during the mediation. This might lead to skewed settlement agreement or an agreement which is an outcome of power imbalance of the parties. Critics point out that this negative feature of mediation makes it a tool in the hands of a powerful party to achieve its skewed purpose, which it may not get through court process. The present paper will first try to highlight the issue of power imbalance and its implications, and analytically explore the ways and means of eliminating or minimizing or controlling any power imbalance in mediation process
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