Can Mediation Work When One Party Is Much Less Sophisticated Financially?

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Can Mediation Work When One Party Is Much Less Sophisticated Financially?

This is referred to as a balance of power issue since knowledge and power are closely related. Power between the parties doesn`t have to be equal at the beginning of mediation, but any imbalance must be manageable. The weaker party must have the willingness and ability to learn about finances. Then, with information provided by the mediator and sometimes by outside professionals, the less knowledgeable party can be brought up to speed, and power can be equalized.

Other Minnesota Alternative Dispute Resolution FAQs

Q: What Is Contract Mediation?
A: Contract mediation usually starts when negotiations between the parties become nonproductive or cease altogether. The mediator convenes a meeting to help the … More
Q: What Is Grievance Mediation?
A: Grievance mediation is a significant and growing area. Using traditional mediation procedures and techniques, mediators assist labor and management in the resolution … More
Q: What If One Side Is Suspicious That The Other Side Is Hiding Or Misrepresenting Income Or Assets?
A: Both parties must trust that full financial disclosure will be made. If suspicions run deep, mediation is generally inappropriate.
Q: Which People Are More Likely Candidates For Mediation?
A: Since mediation is strictly voluntary, both members must want to reach a fair settlement in a nonadversarial way. They must have the ability to sit in the same … More