Indicators that Mediation is
(for divorcing couples)
Mediation works successfully for many divorcing
families. We have found that while
couples more readily choose to mediate, families with
high degrees of conflict need mediation even more due to
the high costs of litigation, which often provokes
additional conflict. We have developed the
following indicators to help clients confirm their
decision to attempt mediation. An absence of
many of the indicators does not make successful
mediation impossible. However, it does mean
that disputes may be more difficult and costly to
Please place an "X" by each condition that
exists in your situation:
____ 1. The grieving process is ongoing or complete for
____ 2. The attorneys retained by the parties are
experienced in and supportive of mediation.
____ 3. There are no acts of hiding assets.
____ 4. There are no acts of denying access to the
____ 5. Both parties agree to total accessibility to
documentation regarding assets, liabilities and income.
____ 6. There is no history of violence or abuse.
____ 7. The parties have a history of cooperative and
successful problem solving on some issues.
____ 8. The parties are capable and willing to
communicate with each other and with the mediator in a
reasonable and civil manner.
____ 9. There is some pressure to settle because of
time, high attorneys costs, or unpredictable outcome.
____ 10. There are adequate resources to find a
compromise (limited resources tend to create more
competitive relationships and striving for win/lose
____ 11. The parties' desire for the settlement of the
dispute is high.
* Adapted with permission of Professor John H. Wade,
School of Law, Bond University, Gold Coast,
From Operating a Profitable Mediation Practice Course
Manual by Forrest S. Mosten,
Copyright 1998, 1999, 2000.