Appropriate Situations for Using Mediation

The Mediation process can be used for all disputes, however, this does not mean the Mediation process is appropriate for all disputes. Each dispute must be analyzed individually when deciding whether it is right to use the Mediation process to resolve it.

When to Use Mediation

Successful Dispute Resolution requires that all parties desire to Mediate and are interested in reaching a mutual agreement. It also requires that all parties must behave as reasonable people would behave in terms of their communication and actions toward one another.

The Mediation process can also be effective when... Parties desire to remain in control of what the outcome will be: The final decisions of a case are not made by the Mediator. Instead, the parties in Mediation are encouraged to come up with solutions on their own. This results in the parties being in control of the outcome to their dispute, rather than a Judge or an Arbitrator.

Both parties desire to avoid the time and expense of litigation... Litigation creates a large distraction to businesses, families, and organizations. The traditional Court process can consume a great deal of their time, energy and financial resources. Mediation often allows disputes to be dealt with quickly and productively, while still considering the needs and desires of all parties involved.
Disputes are created by or increased by poor communication: In this situation, a Mediator can be a great benefit to the parties by opening healthy communication channels between them. The Mediator promotes a safe, non-threatening environment that allows the parties to effectively discuss solutions to their dispute. When a dispute is created as a result of racial or religious prejudices, stereotypes, or misinformation, Mediation can remove these barriers by creating effective communication.

Cases have Facts that Parties are interpreting two different ways... Often reasonable people can see the same set of facts, and place two different and opposite meanings on those facts. The unbiased Mediator can help disputing parties understand why each party is reasonably interpreting the facts as they do. This understanding by both parties can open the doors to effective dispute resolution dialogue.

Confidentiality is important to both parties... Disputing parties in Mediation are allowed to keep all information confidential because the case is not a matter of public record and is not presented to a Judge or Jury. This is especially important to parties with business or trade secrets, or to those who have private or sensitive information they do not want disclosed to the general public. The parties in Mediation can agree to keep all outcomes to the dispute confidential.

Disputes that are often solved using Mediation include but are not limited to:
- Will and Trust Contests
- Construction and other Real Estate disputes
- Employee vs. Employer disputes (including government employers)
- General Business disputes
- Landlord vs. Tenant disputes
- Divorce and Child Custody disputes

Certainly, the above list is not exhaustive. Many disputes that are not listed above can also be effectively resolved using the Mediation process. Call us and we will be pleased to help you evaluate your dispute.

When Not to Use Mediation