ABSTRACT
Thoennes and Pearson described success in mediation as a function of the pre-existing characteristics of the dispute and the disputants as well as the degree to which the disputants perceive the mediators to have accomplished the primary tasks of mediation. In respect of family mediation, what is also significant is the level of conflict characterizing the state of the relationship between the former couple when mediation is initiated. The worse the state of the parties' relationship with one another, the dimmer the prospects of success. This is likely to be the case where there has been prior litigation, allegations of abuse including physical violence, a wide range of disputed issues, especially over children, and post separation battles. The dispute must be capable of being negotiated. If the dispute consists of a fundamental divergence over facts or moral or legal norms, then other processes of dispute resolution may be more suitable.
