In his textbook 'The Mediation Process', Christopher W Moore sets out that a mediator may be called into negotiations when:
  • Parties are having difficulty contacting each other, convening a meeting or starting talks;
  • Disputants cannot reach agreement on an acceptable forum or structure for negotiations;
  • Parties' emotions or expression of negative feelings about the situation or toward each other are intense and are preventing a focused or calm discussion or agreement;
  • There is a significant lack of trust and respect between or among disputants that is hindering productive talks;
  • Communication between parties is poor in quantity or quality, and they cannot improve it on their own;
  • Misperceptions or stereotypes are hindering productive exchanges;
  • Repetitive negative behaviours by one or more disputants are creating barriers to effective communication or problem solving;
  • There are serious disagreements between or among parties over data - what information is important, how it is collected, and how it is evaluated;
  • There are multiple issues in dispute, and disputants disagree about whether or how each should be addressed or resolved;
  • Disputants are stuck in bargaining over positions, each of their preferred solutions, and are unable to identify each other's interests and develop mutually acceptable interest-based solutions;
  • There is only one contested issue and parties cannot find a way to divide it into multiple smaller ones, each of which could potentially be addressed and solved, or to find other issues or items of value to trade;
  • There are multiple issues in dispute and disputants are trying to resolve them one at a time, rather than linking issues and exchanges or developing a package agreement in which costs and benefits are shared in a mutually acceptable manner;
  • There are perceived or actual incompatible interests that parties are having difficulty reconciling;
  • Perceived or actual beliefs or differences over values divide disputants;
  • Parties do not have an effective negotiating process, are using the wrong one, or are not using a potentially viable procedure to its best advantage;
  • Disputants are reluctant to settle because they fear creating or not creating a precedent for settlement of similar disputes in the future;
  • Parties are feeling pressure not to settle from circumstances or parties beyond those in negotiations;
  • Disputants are reluctant to commit to an agreement because of potential unknowns, risks, or potential changed circumstances in the future; and/or
  • Parties lack trust in each other and are concerned that the settlement will not be implemented as agreed.