Imbalance Of Power In Mediation

Victoria Pynchon from Settle It Now Blog asks , Are We Trading Justice for Harmony? Addressing "those critics of ADR who claim that privatizing dispute resolution according to a set of norms that value cooperation over conflict is a subtle but pernicious form of social control, especially when the power relations between the disputing parties are unequal," Victoria links and comments on a several very interesting articles. She notes that "mediation can but need not, trade justice for harmony. I also believe that understanding the charge will help all mediators avoid the kinds of conflict squelching and justice avoiding practices discussed by the following authors."
The articles to which she links primarily deal with mediation in domestic violence situations (which is not required in Jefferson County, KY) but they also deal with other imbalance-in-power situations such as medical negligence, where the "apology" may be sought in lieu of damages.