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A Bridge Over Troubled Water: Managing Parties' Mental Illnesses in Mediation

Hickerson; Glen. Negotiation Journal, Vol. 33, Issue 1, Jan. 9, 2017
https://onlinelibrary.wiley.com/doi/abs/10.1111/nejo.12173

This article explores the potential impact that a party’s mental illness can have on mediation and provides suggestions for mediators who may be mediating this type of case. The article highlights that mental health disorders can impact a party’s emotional response, magnify the effect of confirmation bias and can even enhance a party’s existing biases. These responses can be challenging for mediators to manage. The article outlines a few different types of solutions for mediators who may be mediating a case where a party has a mental illness including, utilizing a written plan for the mediation, have the parties take regular breaks, encouraging parties to not rush into decisions, help parties with prioritizing their needs, and/or inviting a mental health professional to serve as a co-mediator.

Please note this resource is available online but is located behind a paywall. 

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