Most disputes are capable of being mediated but there may be personality factors that make it inappropriate, for example where violence has occurred or mental health is an issue. Most kinds of disputes can be mediated because the parties work out the solutions themselves. Examples include: commercial disputes, partnership disputes, breaches of contract, tenancies and insurance.
You should consider mediation when you recognise clusters of the following indicators, which often make people feel frustrated or stuck:
>> the time spent on the issue is longer than anyone would reasonably expect;
>> intense emotional states are dominating;
>> there is a lack of motivation on the part of the parties to reach a conclusion;
>> there is contradictory information from the parties;
>> increased spending is seen as the only solution; or
>> the same solution is tried repeatedly but fails.
Mediation may not be appropriate if some of the following factors are present:
>> alcohol abuse;
>> drug abuse;
>> psychiatric illness;
>> high levels of emotion;
>> child sexual abuse; or
>> domestic Violence.
If these factors are present people affected may be assisted by the services available through Family Services Australia. The website is http://www.fsa.org.au/


