Unpacking Power and Privilege in Mediation

Unpacking Power and Privilege in Mediation

Power: Beth Roy

The means by which we accomplish, or are denied, well-being.

Power is a process going on between and among people, a multi-layered & ever shifting set of relationships shaped profoundly by the social structures in which we live.

Privilege: Unearned social power and access to resources afford to members of dominant/ advantaged social groups at the expense of members in target groups. Operate on personal, interpersonal, cultural, institutional levels. (Visions, Inc.)

How might assumptions by the parties about your identity(ies) impact the mediation process?

How might assumptions that you make about the parties impact process/ outcome?

Neutrality & Impartiality: core tenets within mediation

Mediation model is presumed to be culturally & racially neutral, objective, transferrable

Reinforce white supremacy: Linear, direct, task-oriented, individualistic (Abu-Nimer 1998, Cohen 1997)

Who is served by neutrality?

What are the consequences when a mediator treats equally those who're on an uneven playing field?

When differing experiences in access to power, decision making, and respect impact the lives of the participants, who is better served when power inequities are attended to by neutrality? - Leah Wing

@To empathize with one side, am I devaluing the other's experiences? Are all pains equal? What if P2 doesn't want to acknowledge the extent of suffering of the other, caused "indirectly" by them?

"Mediation, though helpful for immediate problem solving, allows the postponement of addressing the real source of the conflict: the oppressive nature of many hierarchies." - Roberto Chene

Strategies & Practices

• Self-reflection: What are our unexamined assumptions about ability, age, gender, race
• Co-mediate & balance as much as possible the identities of the parties
• Omni-partiality (Kenneth Cloke): partial to all
• Acknowledge our identities: Name ours first
• Do power analysis prior to mediation, name power dynamics
• Have the power-down party start: in >80%, mediators favored the story of the first person to speak. Final agreements aligned with the first speaker's framing of the conflict.
• Control length of time each person speaks. Create opportunities for power-down to express fully.
• ?? Minimize individual caucusing, but may have breakout to have private conversation to let power-down truly share
• Ensure I don't align with white norms (E.g. suppress the expression of emotions)
• ground rules
• choices about when & how to summarize
• what questions to ask
• Pay attention to power-down, is a "yes" really a yes
• Conflicts (esp. within orgs) may reflect oppression
• Anti-oppression equity-centered approach. Interrupt oppressive dynamics
• Establish community of practice to reflect, learn, grow, provide feedback to one another

I'm noticing racial dynamics ... Am I tracking that correctly?

When have you experienced conflicts that involved inequitable power dynamics or reflected systems of oppression? What did you do (if anything) to address that inequity?

Black landlord, loud. White tenant with mental-health issues.

Group Agreements

- Practice Self-focus (I-statement)

- Embrace curiosity

- Share air time, ensure all voices are heard

- Intent vs impact

- BIPOC: no expectation for you to explain

Conflict Coaching - Introduction

• One-on-one support for navigating a conflict & creating strategies
• 75-min, up to 3 sessions
• Useful for:
• Prepare for complex mediation
• P2 don't want to come

Process

• Listen to perspectives
• Needs, fears, issues, experience
• Summarize
• Explore other party's perspective
• What have they heard, understood so far about P2
• What do they think are P2's needs & fears?
• Brainstorm strategies
• What have they tried so far?
• Strengths-based: highlight what they've done well and what's worked, either in this situation or past situations
• Share tips: EARS, Impact statements
• Commitment & Next steps
• Help create next steps - brainstorm, reality test
• Takeaways from session
• Our next steps/ meeting
• End on positive, motivational note

 Principles

• Confidential
• Client-led: Clients are the experts of their own experience, coaches are not solving the problem

I'd like to hear what's happening for you

Community Board
Sarah Dobson


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What are you protecting when you give multiple narratives of what happened? What would happen if you're not seen as a good person? Are we at a point where you can be vulnerable to go to these questions, to download new information?

Pointing out the power dynamics, tenants don't have any recourse when they receive an exit notice. 

ASK THE PARTIES TO EXPOSE THE IMPACT OF POWER DYNAMICS BY THEMSELVES. 

• Hey I'm wondering if you're hesitant to bring up... Why're you hesitant?
• Ask strategic questions to get to feelings/ experiences