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Dynamics of Power in Mediation and Negotiation

NCJ Number
107527
Journal
Mediation Quarterly Issue: 16 Dated: (Summer 1987) Pages: 75-86
Author(s)
B Mayer
Date Published
1987
Length
12 pages
Annotation
Mediators need to understand how power affects the mediation process, the sources of the mediator's power, the different ways that it can be used, and the ethical issues this presents for the mediator.
Abstract
Several authors have identified two dimensions in the conflict resolution process. The distributive dimension involves the conflicting needs and interests that can be satisfied only at the expense of others' interests. The integrative dimension involves the shared interests that must be met together. Both distributive and integrative bargaining involve power, which results from formal authority, expertise or information, association with other people with power, control over resources, control over procedures, the ability to inflict harm, the ability to cause discomfort, the power of the status quo, moral power, and power resulting from personal characteristics. The mediator's central goal is usually to handle problems caused by the application of power to the negotiation process. Mediators must recognize their own power sources: their position as mediator, their expertise, their ability to dissociate themselves from the results, and the credibility of the mediation process. Mediators should use this power to empower the parties by strengthening the mediation process. However, they cannot address basic inequities fostered by unequal power relations or by social policies. They must advocate procedures that encourage the development of sound, integrative decisions. In doing so, they must maintain their neutrality while recognizing the neutrality does not mean an absence of influence. 16 references.

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