The dynamics of power in mediation and negotiation

Abstract

For people in the business of solving disputes in a collaborative manner, power is sometimes viewed as a dirty word. Power is equated with coercion, a noncooperative spirit, and a breakdown in communication. Yet power also provides the motivation for collaboration and defines the range of settlement options available to the parties. Power is a factor in all interpersonal relations, and it has a significant effect on even the most cooperative disputeresolution process. All negotiators have some power or influence over other parties and use this influence to pursue their goals. People who have no source of power in regard to a dispute do not have to be dealt with or taken into consideration and are therefore not a party to the conflict.Mediators are also invested with a great deal of power by the mediation process. Whether or not they consciously choose to exercise it, mediators inevitably use their influence at every point of the intervention. This is neither good nor bad; rather, it is a necessary consequence of the structure of the intervenor's role in conflict resolution. What mediators can choose is whether to exercise this power in a deliberate way and with a specific purpose.A n awareness of the ways in which power impacts negotiation and mediation is crucial to the conflict resolver. In order to help parties reach a settlement, the intervenor must understand the nature of power as it is C. W. Moore fed.). Practical Shnk-g& for the Phases of Mediation. Mediation Quarterly, no. 16. San Fmndsco: Jossey-Bass, Summer 19E7 75

Mandatory Mediation of Custody in the Face of Domestic Violence

“…P. Maxwell, 1997a;Moore, 1986;Umbreit, 1995). If a power disparity exists, the mediator is advised to try to attempt to minimize it without compromising mediator neutrality (Fisher, 1985;Mayer, 1987Mayer, /1995. If a relative equality of power cannot be achieved, mediation is an inappropriate method of dispute resolution for the situation (Academy of Family Mediators and the Association of Family and Conciliation Courts, 1995; American Bar Association Family Law Section Task Force, 1997; American Bar Association, Society of Professionals in Dispute Resolution, and American Arbitration Association, 1994).…”

Crooked Conflicts: The Effects of Conflict Asymmetry in Mediation

“…In reviews on mediation, authors typically do not pay much attention to the likely differences between conflict parties, with the exception of studies on power differences between parties (Davis & Salem, 1984;Gewurz, 2001;Kelly, 1995;Lang, 2004;Mayer, 1987;Wall, Stark, & Standifer, 2001;Wiseman & Poitras, 2002). For example, Wall et al (2001) refer to research showing that parties may be less or more equal in power, with the latter having a higher probability of reaching agreement during mediation (Nickles & Hedgespeth, 1991).…”

Theorizing power in divorce negotiations: Implications for practice

“…Cumulative achievements work best when they favor both parties. In the presence of power imbalances not extreme enough to warrant screening out but still large enough to decrease the relative effectiveness with which one of the partners presents the merits of his or her case, mediators can use such wellestablished interventions as caucusing, reframing, clarifying, reflecting out loud, changing perceptions about what is likely to happen if the case goes to lawyers or to trial, identifying community-based information and support agencies, and changing perceptions about the relative strength of the partners' BATNAS (Haynes, 1988;Mayer, 1987;Moore, 1996;Neumann, 1992;Phear, 1994;Silbey and Merry, 1986;Stulberg and Bridenback, 1981).…”