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.
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Alternative Dispute Resolution Sub-categories
