It is commonly perceived that within any society, women tend to be less empowered than their male counterparts. Without getting into a lengthy analysis of the concept, it should be noted that neither men nor women always behave in gender stereotypical ways. In fact, it has been noted that in some cases, women posses more power, and are far from the intimidated little creatures cowering in the corner of the room.

If an imbalance of power exist within male and female conflict, it will most likely be centered around, or based on such differences as perception, expectations, and communication styles (Appendix 1). In such instances, there is reasonable likelihood that women will not be represented equally at the negotiation table - due to their desire for relational harmony as opposed to conflict - and it is up to the mediator to decide if a balance of the negotiator’s powers is necessary to allow each party equal footing.

One major structural benefit of mediation is its affordability. This is simply because it has been noted that women generally have less earning capacity, and in many cases may not be able to other afford expensive litigation. By being so affordable, women are offered equality to the legal system.

The process of mediation is technically the facilitation of deliberations between two opposing parties, with the assistance of a third, that remains impartial at all times. As such, this concept would lead to injustices if it were not for a certain amount of structured flexibility, allowing the mediator to readily adapt to the nature of each dispute as well as the needs and interests of the parties involved.

Ultimately, it is the mediator who holds the utmost power in any discussion, delivered through procedural guidance, framing questions, initiating interventions, drawing out silent parties, and finally reality testing the fairness of all agreements or proposed settlements. "The Family Court of Australia, for instance, has a mediation scheme and the Family Law Rules. Order 25A, sets out the matters that a mediator must take into account when deciding if a dispute may be mediated. These matters include inequality of bargaining power, abuse and violence". It is in their capacity, and the interest of all parties involved to "modify the outcome of situations – that is, the benefits received by another and the costs inflicted, in the context of a relationship".

If an imbalance exists for a woman, twelve individual methods maybe utilised to create an equal bargaining environment. These include, management of the negotiation process (control over steps and sequences involved in deliberations), Communication between and within parties (communication can be managed by utilising techniques of active listening and reframing for the purpose of clarification and problem definition), Physical settings and negotiations (subconscious settings can be used to encourage different forms of settlement), Timing in negotiations (starting and ending times, as well as the removal of deadlines), Information exchange between parties (Allowing for information to be voluntarily given, requests through specific suggestions, and proposals and demands), Associates of the parties (Involvement of external bodies such as friends or families, whose opinions may help each party react in certain ways), Experts (the influence placed on each party by experts in certain areas of knowledge), Authority (Use of authoritative figures such as police, to encourage behaviour), Habits of disputants (appealing to disputants habits by placing information into a context which can be readily related to), Parties’ doubts (Doubt about the validity of one’s position or frame of mind maybe a viable option to pursue), Rewards or benefits (Mediator involvement through signs of respect of dissatisfaction tends to influence outcomes), Coercive influence (Forcing someone, or railroading them into choosing a certain outcome by reducing their choice for settlement ).

In instances where one party is feeling intimidated by the other, mediators may chose to utilise a triangular dialogue pattern, whereby all information is interchanged through the mediator, rather than directly. This reduces personal attacks taking place. At the same time, the mediator should ensure that each party has an equal presence, and that no party monologues. This can be achieved through reminders to the participants regarding the need for "equality in decision making".

It should be noted that a mediator should not intervene in all cases where power imbalances are present. Intervention should only take place were it is seen that one party is exercising power for personal advantage, or that agreements, resolutions, or outcomes will not hold over time. This is a simply precaution to ensure that any mediator intervention does not become that of advocacy. Furthermore, if it is noted that inequality is a permanent condition, or that one cannot be effectively dealt with in mediation – such as physical abuse or intimidation, a total disparity in financial sophistication, significant lower intelligence of one participant, language or physical handicap – the mediator should notify both parties of the evaluation, and refer them to more suitable help, in order to achieve an outcome which is fair to both parties.

Men, Women & Conflict – Taken from page 155 of Gregory Tillett’s book titled ‘Resolving Conflict’, Oxford University Press, 1999

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Author unknown, "Australian statistics on domestic violence", Domestic Violence & Resource Center, 1998 Internet Address – http://home.vicnet.au/~dvirc/statistics.htm