When is Mediation Appropriate?
When mediation is appropriate:
- The parties are prepared to reach a solution together (shared interest).
- The parties want to maintain their relationship, or stop it from deteriorating further.
- The parties do not expect to get a solution from a legal battle.
- The conflict involves disputes about communication rather than fundamentally opposed interests.
- The parties prefer to retain responsibility for the solution.
- The parties are looking for a lasting solution that enjoys the support of all sides.
- The parties are looking for a fast solution.
- The parties are looking for a cheap solution.
- The conflict has not escalated to the point where parties are seeking revenge.
- The parties do not want a case tried in open court for reasons of privacy (confidentiality).
- The parties are willing to cooperate on a voluntary basis.
- The parties are looking for a pragmatic, creative solution.
- The parties are willing to put the past to rest and focus on the future in order to reach a settlement.