When should you call a mediation?
Because the mediation procedure is adaptable and can handle a wide range of circumstances, most disputes may be mediated; this is especially true in marital cases where the parties do not want to go through the lengthy and expensive litigation but there are issues that need to be resolved.
There are no hard and fast rules when it comes to determining whether mediation will work, and it’s often impossible to know without attempting. When deciding whether to employ mediation, keep the following things in mind:
- First, ask:
- Is there a dispute about a deal that can be negotiated?
- Will all parties agree to a face-to-face meeting to see if they can reach an agreement?
- Is it possible for any single party to simply ignore the problem?
- If the parties wish to obtain a private answer, mediation is appealing.
- Mediation is attractive to both parties if they choose a flexible and informal procedure or if other choices for resolving the conflict are not desirable.
- When both parties have an interest in preserving their relationship, mediation is frequently advised since it helps both sides maintain the status quo. This may be especially crucial in divorce/separation proceedings with children, as the parties will continue to be a part of each other’s lives after the conflict has been resolved.
- It is beneficial, but not essential, for the parties to have faith in one another. Trust makes mediation easier, but it is not a requirement.
- Disputes regarding concrete issues (such as money, property, conduct, rights, or licenses) are typically simpler to mediate than disputes based on moral values or beliefs.
- It helps if the parties’ power balance is roughly equal. It’s critical that one party not be able to overpower another or impose the settlement outcome unilaterally. At the same time, keep in mind that mediators are trained to detect power imbalances and can frequently step in to level the playing field. One method to assure bargaining equality is to hire legal counsel or utilize independent legal advisors.
- It’s also beneficial if one of the parties needs something from the other. As a result, there is a greater possibility for mutual power disparity and an incentive for each party to reach an agreement.
- Mediation is frequently successful in complicated circumstances that require inventive solutions.
The earlier a dispute is resolved through mediation, the more likely it is to be settled. The longer a problem persists, the more participants become entrenched in their beliefs and less open to considering new viewpoints.
When not to mediate
There are some circumstances in that mediation is ineffective. These include instances where:
- the plaintiffs were not able to establish that the respondents were either negligent or intentionally deceptive; and
- Because spouses or partners might use the opportunity for mediation to settle a conflict outside of court, there is the possibility that they would be hostile and that the mediation would not be secure. Divorce/separation cases involving domestic violence will not be suitable for mediation.
The mediator will assess the process’s viability and will terminate it if he or she feels it is unjust or prejudicial to any party, or unlikely to be resolved in a reasonable amount of time.
We strongly advise our customers to come and see us before they engage in mediation. Parties will likely save money by communicating. We feel that having a line of communication open between the parties makes the whole procedure go more smoothly, resulting in a better and more durable agreement.
If you’re looking for a mediator, why not contact Wilson Browne today to find out more? When you need legal help you need a firm that will stand with you…that’s us. At Wilson Browne Solicitors we have a friendly, down to-earth-approach so there’s no need to be apprehensive:
