(Re)designing mediation to address the nuances of power imbalance

This paper addresses the complex relationship between negotiating power and mediation. It begins with the premise that to say in absolute terms that mediation is or is not an effective way of dealing with power imbalance is to ignore the complexity of both the concept of power and the range of processes that can be deemed mediation. This article examines sources of power in an effort to develop a clear, yet thorough, understanding of negotiating power. It then turns to the scholarship on mediation, highlighting key characteristics that distinguish mediation approaches from one another and advancing the debate on what constitutes mediation. Finally, the article highlights bow a specific style of mediation may be appropriate for a given situation, depending on the existing power dynamics between the disputing parties.