We’ve talked about mediation some already, showcasing its benefits and helping you know how to prep for an upcoming mediation. We noted that mediation is often a highly advantageous option. It is time and cost effective and gives the parties much more control over the process and outcome.

That being said, are there times when mediation isn’t the best option?

Good question. The answer is “yes,” and today’s post, we’re going to identify a couple of situations in which seeking to settle a dispute via mediation could be less beneficial.

Mediation might not be the best choice if:

  1. One party refuses to negotiate. Mediation necessitates both parties being willing to reasonably sort out an issue and decide on a way forward. If one of the parties is unreasonable or refuses to participate in reaching a compromise, mediation might not be the best way forward.

  2. One of the parties is vulnerable or easily bullied. Mediation under these circumstances might allow the mild-mannered party to be taken advantage of.

  3. Either party might be withholding information. Mediation operates effectively when there is a good faith effort on both sides to reach an acceptable settlement. If any party in the dispute is not acting in good faith, resolution through mediation is less likely to succeed.

  4. The case involves legal infractions. If the case involves a point of law or allegations of any sort of legal infraction, then mediation may not be an option.

If you have other questions or concerns about mediation, we’d love to talk with you. We say this often, but it’s true: since every case is different, the best thing you can do is talk to your attorney to find the way forward for you and your specific situation!