Accommodating common mental health issues in mediation

Mediators have a responsibility to maximise an individual’s ability to effectively
participate in the decision-making process, including supporting procedural
fairness where equality and balance in the parties’ contributions to the process
is expected. Capacity to participate effectively is affected by the presence of
mental health concerns.Various means of screening for psychological distress
in mediation participants have been discussed, however, there is limited
training available to mediators from non-clinical professions in evaluating
mental health issues. An alternative approach is to consider ways in which the
mediation process could be modified to enhance an individual’s capacity to
effectively participate, especially when the mental disorder is not chronic,
stable, or severe, but is a temporary incapacity. This article will consider
commonly occurring mental health concerns in Australia and will explore ways
in which mediators might seek to support parties effectively under such
conditions.