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More on power imbalance screening

February 21, 2012
  • Without power imbalance screening and appropriate measures being taken, the mediation or arbitration process is potentially a sham. 
  • If after screening for power imbalance the mediator or arbitrator is forewarned of the existence or the potential existence of an imbalance steps can be taken, such as ensuring that the arrival and departure of the parties is staggered, or that they are never left alone during the mediation or arbitration. 
  • It is essential that each party believes that he and she can bargain fairly in mediation, and present his and her case fully at arbitration.
  • It is only after power imbalance screening that the mediator or arbitrator can be satisfied that all steps required to be taken have been taken to ensure a fair process. 
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