The Silent Struggle in Mediation: Who Holds the Real Power?
- Ivan Veenemans
- Aug 5
- 3 min read
In mediation, neutrality is the golden rule, but power imbalances often sneak in quietly. Whether it’s due to emotional dominance, financial control or even familiarity with the legal system, one party can subtly overshadow the other. This silent struggle is especially present in family mediation South Africa, divorce mediation South Africa, and other emotionally charged conflicts. Effective mediators must recognise these dynamics early, ensuring both sides feel empowered, safe and equally heard. Without active intervention, neutrality in mediation risks becoming performative, allowing hidden imbalances to dictate the process.
Can Mediation Truly Be Neutral When Power Dynamics Exist?
While mediators are trained to be impartial, unspoken power imbalances can affect the process. Recognising and addressing them is critical to ensuring fairness.
Understanding Hidden Power in Mediation
Power in mediation is not always loud. It can look like one person interrupting more, controlling financial documents, or being more confident in articulating their views. In family law and mediation, especially in cases involving domestic violence or financial dependence, these patterns can silence one party. Mediators must read the room, ask equalising questions and allow private sessions (caucuses) when necessary.
Techniques for Managing Power Imbalances
Use caucusing to allow vulnerable parties to speak freely
Reinforce ground rules around respectful communication
Avoid legal jargon that only one party may understand
Validate emotions and offer summarised reflections to both sides
Be conscious of tone, body language and dominance in speech patterns
Related Post: Trauma-Informed Mediation: Strategies for Family Trauma and Resilience in South Africa
Why This Matters in South African Contexts
In South Africa, conflict resolution in South Africa often takes place in socio-economic contexts of inequality. Gender, race, language and education can all subtly impact who feels they can speak up. Transformative mediation addresses this by focusing on empowerment and mutual recognition. For example, a well-off spouse in divorce mediation South Africa may unknowingly dominate the conversation. Mediators need to balance the scale.
Empowering All Participants
The goal isn’t to eliminate differences but to ensure the outcome isn’t dictated by them. Good mediators empower each voice. This includes explaining the process in plain language, encouraging input and validating concerns. Especially in divorce and family mediation, where children, finances and housing are at stake, fairness requires vigilance.
At Mediation Academy SA, we prepare mediators to identify and manage silent power struggles. Through our practical and accredited training, you’ll learn how to lead balanced, empowering sessions that uphold the spirit of family mediation South Africa.
FAQs (Frequently Asked Questions)
Can a mediator stop one party from dominating the session?
Yes. Mediators can set ground rules, use private sessions or reframe input to equalise power.
What if someone is intimidated but doesn’t say it?
Non-verbal cues, silence or hesitation are signs mediators are trained to spot and address.
How can neutrality in mediation be preserved when there is clear imbalance?
By actively acknowledging disparities, mediators can apply strategies like caucusing and empowerment tools to maintain fairness.
Are there specific techniques to support emotionally vulnerable parties in divorce mediation?
Yes. These include slower pacing, validating emotional expressions and offering written summaries to support understanding.
Does online or hybrid mediation help reduce visible power struggles?
In some cases, yes. Virtual mediation can reduce intimidation and allow parties to feel more secure in their own environment.
Publisher: Mediation Academy SA
Published: 5 August 2025
© Mediation Academy SA, 2025. All rights reserved.
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