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.