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Cases which are unsuitable for mediation
As general guidance, there are some circumstances when mediation from the outset may not be suitable. These are;
• When a point on law needs deciding on by a court and a binding precedent would be useful.
• Where injunctive relief is necessary to protect one party.
• One or both parties are not willing to mediate/ negotiate
• The dispute may be incapable of being negotiated.
• There may be extreme conflict and an imbalance of power between the parties which the mediator cannot redress.
• Where one or both parties feel coerced to attend.
• Where mediation has already been fully attempted.
There may also be circumstances where mediation in practice proves to be unsuitable;
- where either partner demonstrates a lack of commitment.
- where either is quite unable to accept the situation or is unable to negotiate.
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