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How Mediation Works 39 cisions. One of the mediator's major contributions to the dis- pute resolution process is assisting the negotiators in making the transition from positional to interest-based bargaining. Complexity of the Case and Issues Negotiated. Disputes come in a variety of levels of complexity. The simple-issue land- lord-tenant case in which two parties argue over a security de- posit is very different from the complexity of a child custody and divorce dispute that involves multiple issues and very com- plex psychodynamics between the disputants. The latter case may in its own right be very uncomplicated when compared to a multiparty case that involves American Telephone and Tele- graph, alocal Bell company, multiple independent phone com- panies, the Public Utilities Commission, and numerous consumer or public interest groups and that centers around multiple and complex technical issues. Mediators entering disputes must design intervention strategies that respond to the complexity of a specific dispute. In one case, detailed data collection procedures may be required to understand the causes and dynamics of the conflict, while in another case a simple intake interview at the first joint session with the parties is sufficient. In some cases the mediator must break a particularly difficult impasse, and, when successful, may withdraw and return the parties to negotiations on their own. In other cases, the mediator may play an active role throughout negotiations and provide the major procedural framework for negotiations. In exploring the stages of mediation in later chap- ters, it is important to consider the complexity of the dispute to determine the amount of detail required in the intervention. Definition of the Mediator's Role and Types of Interven- tions. The final variable that affects the noncontingent and con- tingent moves of a mediator is the definition of the tasks and role that the mediator is to perform in the negotiations. Media- tors differ significantly when deciding their role and involvement in promoting successful negotiations. The division usually occurs when determining how much the mediator should focus on pro- cess and substance. One school argues that mediators should focus primarily on the process of negotiations and leave decisions about the