Expert Power Derived from skills or expertise and the other person s needs for those skills and expertise Unlike the others, this type of power is usu

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Betty Baker
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1 Power Here, There and Everywhere Dealing With Power Imbalances in Mediation Nina Meierding MS, JD Five Types of Power (French and Raven) Positional Power The relative power between people based on position within a family, group or organization Authority delegated to the holder of the position. Usually accompanied by various attributes of power and other forms of status Often called legitimate power Referent Power The ability of individuals to attract others and build loyalty Based on charisma, interpersonal skills, or a specific personal trait Others seek to be followers Nationalistic characteristics Certain fields promote referent power sports, entertainment, politics 1

2 Expert Power Derived from skills or expertise and the other person s needs for those skills and expertise Unlike the others, this type of power is usually highly specific and limited to the particular area in which the expert is trained and qualified Reward Power The ability to confer and/or withhold valued rewards and benefits May be material benefits money, position, office space etc. May be psychological benefits emotional support, validation, interest-based Coercive Power The application of negative influences The ability to withhold rewards Creates fear or uncertainty which ensures the obedience of those under power May build resentment and resistance from the people who experience it 2

3 Power Steps in Working with Power Imbalances Assess types and sources of power Assess need for the mediator to intervene Assess receptiveness Try techniques Evaluate Assessment of Power Who has the power? Is the person with the power at the table? If not, should he/she be at the table? Assessment cont. What is the source of the power? Is the power distance due to cultural factors? High and low power distance cultures 3

4 Power Distance High Power Distance A culture in which there is a high regard for authority and obedience. May be based on gender, age, or other factors Low Power distance Equality within a society is maximized, people are more interdependent, less emphasis on obedience to a higher authority or "boss" Assessment cont. Is the power shifting? Is one party consistently more powerful than the other? Is the power being exercised at the table or away from the table? Assessment cont. Is it implied or applied? What is the reaction of the other party? 4

5 Assess Need and Receptiveness What may be the result if the mediator does nothing? What may be the result if the mediator acts? Should the technique be subtle or transparent? What Ethical Issues May Arise? Are some techniques more acceptable than others? Could the particular technique compromise your impartiality? What issues apply if the parties are represented? Unrepresented? Techniques to Balance and Maximize Each Party s Abilities and Power Information Proactive vs. reactive Process vs. substance Encourage or require representation Referral list normalize in convening and opening statement vs. after imbalance is discovered 5

6 Techniques Brainstorming Group ownership of ideas vs. individual ownership Provide hypothetical ideas Watch out for cultural power distance issues Stress process advantages Mutuality of control vs. unilateral control Techniques Assess and support other existing sources of power Separate sessions Be strategic utilize timing, purpose Reality testing Alternatives vs. options Techniques Timing, tempo and pacing Reframing Two areas Issue reframing Communication reframing Words, tones and body language 6

7 Environment More or less formal Food, drink (warm), access Temporary vs. permanent solutions The opportunity to try out a proposed idea rather than to commit to it vs. the need to get a firm commitment to a final outcome so that power is not exerted away from the table Support person May need someone in addition to the attorney (may be cultural) Coaching Process vs. substance Try it out and reassess Change in power dynamics? Change in attitudes towards the mediator? Change in attitude between the parties? Change in potential outcome? 7

8 Should I Try and Balance Power? It Depends! 8

Kahneman, Daniel. Thinking Fast and Slow. New York: Farrar, Straus & Giroux, 2011.

Kahneman, Daniel. Thinking Fast and Slow. New York: Farrar, Straus & Giroux, 2011. The accumulating research indicates that individuals cognitive and behavioral orientations to objects (their thoughts and actions) are frequently based on rapid shortcuts or heuristics. The past few decades