Exploring the Concept of Power in Mediation: Mediators’ Sources of Power and Influence Tactics

Abstract:     
Mediators have power. They use their power during mediation to help the parties to communicate with each other, to change their positions, and to come to an agreement. What do we know about mediators’ sources of power? How do mediators construct a power position and increase their power? How do mediators use their power in the exercise of their role? The purpose of this article is to provide tools for analyzing the power relations between mediators and the participants in mediation: the parties, their lawyers, co-mediators, and other participants. This article focuses on the power of mediators and their power relations with the parties, and also provides tools for extending the analysis to other participants.

Number of Pages in PDF File: 35

Keywords: mediation, mediator, mediators, power, influence, ethics, professional ethics, negotiation, dispute resolution, adr

JEL Classification: K10, K19, K40, J52, D74

Accepted Paper Series