ACR-GNY - Balance of Power

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When one party has substantially greater sophistication, resources, or bargaining power, should the mediator compensate for that imbalance?

What are your thoughts?

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Saturday, October 31, 2026 6:38 PM | Raoul East Drapeau

I am not an mediator, but as an arbitrator, I have served on numerous cases where one party insists on representing themselves but is not doing a good job of it. It is a tough line when that party might need some advice, but I still feel the need to remain neutral. My solution is to try to stick to administrative matters, not factual matters of the case.

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Saturday, October 31, 2026 6:42 PM | Rebecca A. Bowman, Esq., P.E., D.F.E. (NAFE #1153)

I've been a mediator for more than 40 years. I would say that I perceive a substantial imbalance in about a third of my cases, especially builder vs. homeowner. I kind of assume that most mediators adapt their approaches in that case, spending a little more time exploring options and discussing what the party needs to know to make a satisfying decision about what to ask for and what to accept. I'm doing the same thing with both parties, just more time with one.

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