http://www.riverdalemediation.com/2010/03/how-can-you-mediate-if-you-do-not-have-equal-power/ peace of mind, don't settle for less. Thu, 05 Jan 2012 01:10:59 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.riverdalemediation.com/2010/03/how-can-you-mediate-if-you-do-not-have-equal-power/#comment-161 Hilary Linton Fri, 19 Mar 2010 01:29:43 +0000 http://www.riverdalemediation.com/?p=1836#comment-161 This is a good question. Like all things, you want to make sure that any professional you hire knows what they are doing. Not all experienced mediators screen; and not all mediators who screen are thorough; and even the best mediators who screen well can miss things. Screening is a very intuitive process; and there are people who are better at keeping secrets than we are at screening. All of which is to reiterate; you ask a good question. This is a good question. Like all things, you want to make sure that any professional you hire knows what they are doing. Not all experienced mediators screen; and not all mediators who screen are thorough; and even the best mediators who screen well can miss things. Screening is a very intuitive process; and there are people who are better at keeping secrets than we are at screening. All of which is to reiterate; you ask a good question.

]]> http://www.riverdalemediation.com/2010/03/how-can-you-mediate-if-you-do-not-have-equal-power/#comment-160 Monika Curyk Tue, 16 Mar 2010 23:59:02 +0000 http://www.riverdalemediation.com/?p=1836#comment-160 I am a great believer in mediation but sometimes I can’t help but wonder. Since screening “takes lots of experience, practice, training and instincts” and is “a sophisticated and highly intuitive process” what happens if a less experienced mediator fails to identify power imbalances and a passive conflict avoider ends up negotiating with a skilled and angry manipulator. Is “shadow of the law” enough to prevent the more vulnerable party from walking away with an unfair agreement? Especially if the parties are unrepresented. I am a great believer in mediation but sometimes I can’t help but wonder. Since screening “takes lots of experience, practice, training and instincts” and is “a sophisticated and highly intuitive process” what happens if a less experienced mediator fails to identify power imbalances and a passive conflict avoider ends up negotiating with a skilled and angry manipulator. Is “shadow of the law” enough to prevent the more vulnerable party from walking away with an unfair agreement? Especially if the parties are unrepresented.

]]>