Mediation is well-suited to disputes where the disputants want a quick resolution that meets their needs, that they craft, that is private, and that supports ongoing relationships. To succeed in mediation, disputants must be willing to accept the assistance of the mediator, motivated to negotiate with each other and hold realistic outcome expectations. There must be enough information and data available to make decisions, or to develop formulas to address future events, yet there need not be full disclosure of all information.
Some disputes are not suited to mediation. The dispute may be over principles that go beyond the disputants, and that call for a public decision, such as a drug that has dangerous side effects.  Other disputes may appear to be at a stalemate that can only be resolved by a judge. For example, when the dispute is a single issue – Will the defendant pay, or not? - negotiations tend to become mired, unless other issues can be uncovered, such as When will payment take place? What form will payment take? or other interests can be met, including a desire to receive a sincere apology. Similarly, when trust is low, relevant information is being withheld or there exists a significant power imbalance, disputants may prefer another dispute resolution process, unless the mediation process can be varied to address the lack of trust, to rely on the rules of information disclosure in the formal court process or to balance power. Keep in mind that the appropriateness of mediation varies with time. A dispute that does not appear to be appropriate for mediation today, may be well-suited for mediation tomorrow.
This chapter discusses issues that affect suitability for mediation and provides a Mediation Suitability checklist. Public interest disputes, such as criminal charges, child protection interventions and professional discipline matters, raise additional considerations about whether a dispute should be mediated. They are discussed separately and have their own checklist. Although one disputant may decide that mediation is suitable at this time, other disputants may be reluctant to come the table. Suggestions for engaging other disputants are provided.