Addressing Power Imbalance in Mediation – Restoring Fairness to the Table
- James Burr
- Jul 10
- 3 min read
Mediation is rooted in fairness. It’s about giving each party a voice and helping them move forward on equal footing. But what happens when one person holds more power—whether through money, confidence, influence, or even emotional control?
Power imbalance is one of the most complex and challenging aspects of mediation, and yet, it’s also one of the most important to address. At The Mediators, we believe that no agreement can truly be fair unless everyone involved feels safe, heard, and able to contribute on equal terms.
What Is a Power Imbalance?
A power imbalance occurs when one party in a mediation process has more perceived or actual control than the other. This could be:
Economic – one person holds financial control or employment leverage
Emotional – one party is more dominant, assertive, or manipulative
Informational – one side understands the process or the facts better
Social or Structural – involving factors like race, gender, age, or status
In mediation, these imbalances can distort the process—leading to agreements made under pressure, feelings of defeat, or a lack of long-term resolution.
How Power Imbalances Show Up
Power doesn’t always shout. Sometimes it whispers—through body language, decision fatigue, or silence. You might see one party:
Avoiding eye contact or struggling to speak
Agreeing quickly without asking questions
Deferring repeatedly to the other person
Displaying visible anxiety or discomfort
As mediators, it's our role to observe these dynamics and ensure the process doesn’t mirror the imbalance that brought the conflict here in the first place.
The Mediator’s Role in Levelling the Field
At The Mediators, we take a proactive approach to restoring balance. Here’s how:
1. Pre-Mediation One-to-One Meetings
These are not just a formality. They allow us to understand the confidence levels, concerns, and communication styles of each participant, and to assess whether adjustments are needed to ensure a fair process.
2. Setting the Tone
We establish ground rules that protect each party’s opportunity to speak and be heard—without interruption, intimidation, or passive pressure.
3. Adjusting the Process
If needed, we slow the pace, reframe language, or pause to check understanding. Sometimes we separate the parties entirely in a shuttle mediation format to reduce direct confrontation and regain clarity.
4. Empowering the Quieter Voice
Through gentle questioning and reflective listening, we draw out the views of those who may feel overshadowed. We affirm their right to speak and reinforce that their contribution holds equal value.
When Is Mediation Not Appropriate?
Not all power imbalances can be redressed in a room. In cases where there's coercive control, threat of harm, or deep-rooted fear, mediation may not be suitable. Our duty is to assess risk and ensure that mediation is a safe space—not just a symbolic one.
Conclusion: Fairness Is Not Assumed—It’s Built
Power imbalances don’t need to derail mediation—but they do need to be acknowledged, understood, and actively managed. A good mediator doesn’t just manage the conversation—they manage the conditions that make real dialogue possible.
If you’re facing a conflict and worry that the other party holds more power, or if you’ve previously felt silenced in similar settings, mediation might still work for you—but only if it’s handled with care. That’s where we come in.
Need Support with a Sensitive Mediation?
Whether it’s a workplace dispute, a relationship breakdown, or a community issue, The Mediators are here to help restore balance and build agreements that everyone can stand behind.
📞 Call 07436 347840
📧 Email: james@jjburr.com
