Skip to content

Power Imbalance in Mediation and Arbitration (but not litigation)

February 13, 2012
  • I’ve not yet defined power imbalance or explained why it’s such an important issue in mediation and arbitration. 
  •  Power imbalance is fact or perception of an unequal bargaining position. 
  • The Arbitration Act of Ontario requires that parties to an arbitration process be first screened for power imbalance by an independent party. 
  • The importance is obvious.  In an extreme example, if one party has told the other that they’ll be killed along with the children unless joint custody is agreed to and ordered, the ability of the party so threatened to effectively argue the case is rather limited. 
  •  Generally, steps can be taken to both identify and overcome power imbalance. 
  • In coming blogs we’ll continue to discuss that important issue.
Advertisements

From → Uncategorized

Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: