Power Imbalances and Mediation

Wade (1984) states that power can “be broadly described as actual or perceived ability of one person to exert influence upon another person’s behaviour or thoughts”.*

Parties hold different types of power in their relationships such as economic, emotional, physical, and psychological, status, language and information.

Power is a dynamic rather than a static concept and can shift between parties in a negotiation or mediation.

Imbalances can also be identified in terms of gender, culture, one shot and repeat players, wealth, the legally and non-legally aided, the assertive and the inarticulate, the knowledgeable and the ignorant.

Past domestic violence and the possibility of actual or implied intimidation is an important area to look at in terms of power imbalances and whether mediation is appropriate however of course unless appropriate screening processes are in place, the information relating to domestic violence may only become evident in the course of the mediation.

Lack of knowledge is a primary source of power imbalance. It can be legal, financial or relate to some other aspect or implication.

Lawyers have an important role to play in assessing power imbalances and the appropriateness or otherwise of mediation.

Where there is a wide discrepancy between the parties in terms of power, mediation may not be suitable.

Mike Emerson
Co-Principal Brisbane Mediations



* Wade, J, “Forms of Power in Family Mediation and Negotiation” Australian Journal of Family Law. 1994, 2