ABSTRACT

Some services are reluctant to become involved in cases resulting from one of the parties’ mental health problems. Where they do, it is necessary to assess that party’s ability to cope with a face-to-face meeting before direct mediation can be tried. Mediators need to distinguish eccentricity and unusual thinking or behaviour, from behaviour resulting from a recognisable mental health problem. This is particularly important when the disputant is of a different cultural background or has a different belief system from the mediators. The key determining factor is the person’s ability to accept responsibility for their behaviour and their ability to play a meaningful part in mediation.