MEDIATION

Suitability Checklist
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Ask the following questions to determine suitability:
Has your client previously tried to resolve their dispute through
collaboration, but was unsuccessful?
Did the parties attempt, but fail to resolve the dispute on their own?
Are both parties committed to achieving a negotiated settlement?
Are both parties committed to accept liability for their own decision
making?
Are both parties committed to accept the legitimacy of mediation?
Do the parties have a relationship which they wish to continue?
Is there sufficient equality of power?
Are both parties ready, able and have legal capacity to participate in
mediation?
Do the parties have access to adequate resources (funds, time and
availability of information)?
Do the parties want more control over their outcome?
Are the parties seeking a private process and confidential outcome?
Has the conflict existed for a long time?
Are the parties strongly motivated to solve the dispute?
Do both parties have the skills to participate effectively?
Are there too many parties involved to make use of a collaborative
process?
The parties are not concerned about establishment of precedent or
articulation of public policy.

Some things to bear in mind:

> Could there be any ulterior motives for pursuing mediation?
> Could mediation escalate the conflict?