ABSTRACT
There are two main aspects of any mediation. The first aspect is that mediation is a negotiation process similar to those involved in any business or commercial relationship - the negotiation concepts surrounding that aspect of mediation. The second aspect of mediation involves the psychological factors surrounding the parties themselves. Whilst discussions heard during mediation tend to be focused on specific monetary amounts or the actual terms of a settlement, and appear to be based in reason and objective standards, the truth of the matter is that beneath this facade are the underlying psychological aspects which drive the parties, that is, the psychodynamics. The psychological forces that underlie human behaviour, emphasising the interplay between unconscious and conscious motivation. The functional significance of emotion. As mediators are faced with the various and sundry cognitive biases on a daily basis, the question becomes how to best deal with them to both assist the parties and to bring the dispute.
