This thesis explores the issue of the imbalance of powers in all issues

divorce mediation. It focuses mainly on three aspects which are essential

parts of the discussion of the power dynamic: the concept of justice in divorce

mediation, the factors, and the consequences of an imbalance in a divorce

mediation process. This thesis does not consider domestic abuse cases nor

how a mediator will determine whether a relationship is marked by domestic

abuse. It focuses only on ordinary cases.

While this work is mainly theoretical, a component of empirical data has

been weaved into it. The inclusion of empirical data aims to inform the

conclusions and directions forward suggested in this thesis.

This thesis argues that the power dynamic between the parties can have

damaging consequences for the future of the parties if not addressed properly.

The routes of an imbalance of power can be deep into the parties’ past

relationship, and it is not realistic to expect a quick fix for it. Hence, in

this work, it is argued that the task of addressing an imbalance of powers

cannot be left to the mediator alone. More needs to be done before and after

mediation to support the parties in the divorce journey. A divorce decision

is one of the most traumatic events in life, and to push the couples toward

mediation is not always the solution. The parties need support to address

the different challenges brought by divorce. Each case needs to be considered

individually. Mediation may not be the appropriate form of resolution for

every case.

While different authors have developed work on the issue of imbalance,

that is quite often part of a larger study on other issues of mediation. This thesis aims to contribute to the discussion in the field by focusing specifically

on the issue of the imbalance of powers, from a theoretical and empirical

perspective.

In line with what other authors have suggested this thesis argues for a

comprehensive form of support for divorcing couples.