Parties in mediation or negotiation are in a power balance even before the processes commence. The shopping centre tenant and the landlord, the bank customer and the bank, the plaintiff in a personal injury claim and the insurer, are all examples of situations where an imbalance already exists.
"Power in mediation - some reflections,"
ADR Bulletin: Vol. 2
, Article 2.
Available at: http://epublications.bond.edu.au/adr/vol2/iss1/2