Learn how to ensure marginalized groups are included in mediation, and why it is important for resolving conflicts peacefully and equitably.

One thing I’ve found helpful is to make sure all parties and the mediator provide their preferred pronouns before the session begins.

How can you ensure marginalized groups are included in mediation?

Mediation is a process of resolving disputes or conflicts through dialogue and negotiation, with the help of a neutral third party. It can be a valuable tool for promoting peace, justice, and cooperation in various settings, such as workplaces, communities, and international relations. However, mediation also poses some challenges when it comes to ensuring the inclusion and participation of marginalized groups, such as ethnic minorities, women, LGBTQ+ people, refugees, or people with disabilities. Marginalized groups often face discrimination, oppression, or violence, and may have less access to resources, power, or representation. Therefore, they may have different needs, perspectives, and expectations from the dominant or majority groups in a conflict situation. How can you ensure marginalized groups are included in mediation? Here are some tips and strategies to consider.

1 Acknowledge the diversity

The first step to ensure marginalized groups are included in mediation is to acknowledge the diversity and complexity of the conflict parties and stakeholders. This means recognizing that there are multiple identities, interests, values, and experiences involved in the conflict, and that some groups may have more privilege or influence than others. It also means avoiding stereotypes, assumptions, or generalizations about any group, and being aware of your own biases, prejudices, or blind spots. By acknowledging the diversity, you can create a more respectful and inclusive environment for mediation, and avoid imposing a one-size-fits-all approach.

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Shay Aaron Gilmore

Business Counsel for our Cannabis and Hemp Community
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One thing I’ve found helpful is to make sure all parties and the mediator provide their preferred pronouns before the session begins.

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Richard Bauch

Of Counsel at Porzio Bromberg & Newman P.C. and Civil Mediator Qualified Under N.J. Court Rule 1:40
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Encouraging marginalized persons to tell their personal stories at the onset of the mediation is tool I feel is critical to bolstering the inclusivity and and richness of the mediation experience. The mediator’s responsibility is to listen to and truly comprehend the power of these personal accounts of those whose lives will be affected, often profoundly, by the mediation process. The mediator’s self honesty of which Jill Nagle writes, is critical to the success of this technique and to the mediation as a whole.

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2 Involve the representatives

The second step to ensure marginalized groups are included in mediation is to involve their representatives or spokespersons in the process. This means ensuring that they have a voice and a seat at the table, and that they can express their views, concerns, and demands. It also means consulting with them before, during, and after the mediation, and seeking their feedback and input on the agenda, the ground rules, the outcomes, and the follow-up. By involving the representatives, you can enhance the legitimacy and credibility of the mediation, and foster a sense of ownership and empowerment among the marginalized groups.

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3 Address the power imbalances

The third step to ensure marginalized groups are included in mediation is to address the power imbalances that may exist between the conflict parties and stakeholders. This means identifying and challenging the structural or systemic factors that create or maintain the marginalization, such as laws, policies, norms, or practices. It also means providing support and resources to the marginalized groups, such as training, coaching, mentoring, or advocacy. By addressing the power imbalances, you can create a more level playing field for mediation, and promote a more equitable and sustainable resolution.

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4 Adapt the methods

The fourth step to ensure marginalized groups are included in mediation is to adapt the methods and techniques that you use in the process. This means choosing the appropriate format, language, style, and tone for the mediation, and taking into account the cultural, social, and emotional aspects of the conflict. It also means using creative and participatory methods, such as storytelling, role-playing, art, or music, to facilitate communication, understanding, and empathy. By adapting the methods, you can make the mediation more accessible and engaging for the marginalized groups, and encourage their active involvement.

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Jill Nagle

Dismantling white supremacy from the inside out
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One way to adapt methods is to check my own biases, including pacing, as a mediator for how much time and attention I give to each person. For example, my bias might be to give more attention to someone who looks or sounds like me, who has better social skills, or who "seems innocent" to me based on past experience or social patterns (such as a woman who keeps getting talked over by a man). Also, some people may need more time or assistance to formulate their thoughts. I can extend my awareness to include neurdivergence and diversity of processing speed as I mete out time and attention.

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5 Build the relationships

The fifth step to ensure marginalized groups are included in mediation is to build the relationships and trust among the conflict parties and stakeholders. This means creating opportunities for dialogue, interaction, and collaboration, and highlighting the common goals, values, and interests that they share. It also means acknowledging and appreciating the differences, and celebrating the diversity and richness that they bring to the conflict situation. By building the relationships, you can foster a more positive and constructive atmosphere for mediation, and enhance the chances of reaching a mutually acceptable and beneficial outcome.

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6 Monitor the impact

The sixth and final step to ensure marginalized groups are included in mediation is to monitor the impact and effectiveness of the process. This means evaluating the results and outcomes of the mediation, and measuring the satisfaction and well-being of the conflict parties and stakeholders. It also means identifying the challenges and lessons learned, and making recommendations for improvement and follow-up. By monitoring the impact, you can ensure the accountability and transparency of the mediation, and assess its contribution to the inclusion and empowerment of the marginalized groups.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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How can you ensure marginalized groups are included in mediation?

1

2

3

4

5

6

7

1 Acknowledge the diversity

2 Involve the representatives

3 Address the power imbalances

4 Adapt the methods

5 Build the relationships

6 Monitor the impact

7 Here’s what else to consider

Conflict Resolution

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How can you ensure marginalized groups are included in mediation?

1

2

3

4

5

6

7

1 Acknowledge the diversity

2 Involve the representatives

3 Address the power imbalances

4 Adapt the methods

5 Build the relationships

6 Monitor the impact

7 Here’s what else to consider

Conflict Resolution

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