Accommodating common mental health issues in mediation

Rebekah M. Doley

Research output: Contribution to journalArticleResearchpeer-review

8 Downloads (Pure)

Abstract

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.
Original languageEnglish
Pages (from-to)84-93
Number of pages10
JournalAustralasian Dispute Resolution Journal
Volume27
Issue number1
Publication statusPublished - 2016

Fingerprint

Mental Health
Aptitude
Health
Mental Disorders
Decision Making
Psychology

Cite this

@article{0c6937b1d44346f4884d3db656f6ba01,
title = "Accommodating common mental health issues in mediation",
abstract = "Mediators have a responsibility to maximise an individual’s ability to effectivelyparticipate in the decision-making process, including supporting proceduralfairness where equality and balance in the parties’ contributions to the processis expected. Capacity to participate effectively is affected by the presence ofmental health concerns.Various means of screening for psychological distressin mediation participants have been discussed, however, there is limitedtraining available to mediators from non-clinical professions in evaluatingmental health issues. An alternative approach is to consider ways in which themediation process could be modified to enhance an individual’s capacity toeffectively participate, especially when the mental disorder is not chronic,stable, or severe, but is a temporary incapacity. This article will considercommonly occurring mental health concerns in Australia and will explore waysin which mediators might seek to support parties effectively under suchconditions.",
author = "Doley, {Rebekah M.}",
year = "2016",
language = "English",
volume = "27",
pages = "84--93",
journal = "Australasian Dispute Resolution Journal",
issn = "1441-7847",
publisher = "Lawbook Co.",
number = "1",

}

Accommodating common mental health issues in mediation. / Doley, Rebekah M.

In: Australasian Dispute Resolution Journal, Vol. 27, No. 1, 2016, p. 84-93.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Accommodating common mental health issues in mediation

AU - Doley, Rebekah M.

PY - 2016

Y1 - 2016

N2 - Mediators have a responsibility to maximise an individual’s ability to effectivelyparticipate in the decision-making process, including supporting proceduralfairness where equality and balance in the parties’ contributions to the processis expected. Capacity to participate effectively is affected by the presence ofmental health concerns.Various means of screening for psychological distressin mediation participants have been discussed, however, there is limitedtraining available to mediators from non-clinical professions in evaluatingmental health issues. An alternative approach is to consider ways in which themediation process could be modified to enhance an individual’s capacity toeffectively participate, especially when the mental disorder is not chronic,stable, or severe, but is a temporary incapacity. This article will considercommonly occurring mental health concerns in Australia and will explore waysin which mediators might seek to support parties effectively under suchconditions.

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

M3 - Article

VL - 27

SP - 84

EP - 93

JO - Australasian Dispute Resolution Journal

JF - Australasian Dispute Resolution Journal

SN - 1441-7847

IS - 1

ER -