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

35 Pages Posted: 23 Oct 2009 Last revised: 26 Aug 2015

Omer Shapira

Ono Academic College Faculty of Law

Date Written: October 22, 2009

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.

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

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

Suggested Citation

Shapira, Omer, Exploring the Concept of Power in Mediation: Mediators’ Sources of Power and Influence Tactics (October 22, 2009). 24 Ohio State Journal on Dispute Resolution 535 (2009). Available at SSRN: https://ssrn.com/abstract=1492632

Omer Shapira (Contact Author)

Ono Academic College Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

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