The latter problem has been raised in particular by critics of Ireland’s obligation on solicitors to advise in relation to mediation before issuing legal proceedings, a point at which many disputants such as those, for example, in personal injury case, don’t even have enough information (medical reports etc.) to mediate effectively. Those situations are easy for a prospective mediator to spot though.

Less straightforward are those situations where the parties, the dispute, or the dynamic make the matter unsuitable for mediation. How does a mediator screen out these situations, particularly against a background of increasingly compulsory mediation, and the desire for mediation work?

Suitability screening plays a particularly significant role in the mediation of interpersonal disputes, especially in relationship breakdown; situations in which the mere instigation of mediation can, as evidenced by research, trigger an increase in interpersonal violence, mainly against women. 

Even less highly charged situations may not be suitable, and a range of tools and approaches are available to mediators to separate chaff from the grain. 

Buyer beware

It might be obvious, but ensure the parties know what they are signing up for, that is, the limitations of the mediation process. If they are looking for public admissions of responsibility for wrongdoing, or attributions of blame, mediation is not the right process. It is usually a better move to decline an appointment than proceed and end up with frustrated or angry parties who were seeking vindication or other external validation of their positions. 

Assess the external circumstances

There’s a court date looming?
 
The inheritance is being litigated away?

Bankruptcy is around the corner? 

Good. Usually…  A little external motivation to negotiate and think creatively to avoid the worst case scenario is usually a good thing. It focuses the mind and can provide an incentive to move from positions to interests, as long as the pressure is not so great as to compromise self-determination and allow parties to decide on their future freely. Which brings us to…

It takes two (or more) 

The suitability of a matter for mediation also depends on the dynamic between the parties. One side has unlimited funds to litigate but the other is on their last pound or euro? That would lead to some concerns about equal ability to participate and decide freely. The tricky thing is that these dynamics are not always immediately visible, and definitely not from the legal or position papers sent by legal representatives. Private, individual intake calls with all parties are a must, even in commercial matters. Use the information, and that gained from assessing external circumstances, to map the dynamics of the conflict.

When in doubt, use a checklist

If you’re ever in doubt about whether a case is suitable for mediation, don’t rely on instinct alone. Sometimes, the simplest tool like a structured checklist can bring the clarity you need.

Ask yourself:

• Do the parties have a history of cooperation?
• Is hostility low to moderate?
• Is there a genuine desire to settle?
• Are there external pressures (cost, time, uncertainty) pushing toward resolution?
• Is there an ongoing relationship to preserve?

Even a handful of positive indicators can suggest mediation is worth pursuing. But as with any complex process, suitability is rarely black and white - it’s about balancing instinct with structure, ethics with practicality.

That’s why assessing suitability is one of the core skills we teach on our Accredited Mediation Summer School this July. 

You’ll leave with the tools to make confident decisions, the insight to navigate tricky dynamics, and the credibility that comes from world-class training.

Only two places remain, secure yours here: Register for Mediation Summer School.