There is a high number of variable features of mediation. Some of these are the degree to which the parties enter into it consensually — whether they are influenced to participate, or are compelled to take part by the legislature, the courts or a contract — and the extent of the parties’ choice of mediator, together with the qualifications, expertise and skills of the mediator.
Finally, among the various other variables, there is the responsibility the mediator carries towards the parties: particularly as regards recommending, advising, influencing or persuading the parties, or performing therapeutic or educative functions; the extent to which any settlement outcome reflects how a court might determine the matter; and the legal status of any settlement outcome.
For the party considering mediation, these variables are not academic. They are the levers by which the process is fitted to the dispute: a commercial matter may call for an evaluative mediator with subject-matter expertise, while a family or workplace matter may be better served by a facilitative approach. Choosing the variables deliberately — rather than accepting whatever is offered — is itself part of preparing to mediate well.
