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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;
1. One or both parties are not willing to mediate/ negotiate
2. The dispute may be incapable of being negotiated and needs resolution/determination buy either a Court or test.
3. There may be extreme conflict between parties and an imbalance of negotiating power between the parties which the mediator cannot redress.
4. There may be an impairment of mental or physical capacity of one party.
5. Where one or both parties feel coerced to attend.
6. Where there are criminal /child protection issues outstanding.
7. Where mediation has already been fully attempted.
8. Where one party has insufficient confidence in their ex -parties ability to adhere to proposals used.
There may also be circumstances where mediation in practice proves to be unsuitable;
- where either party demonstrates a lack of commitment.
- where either is quite unable to accept the situation or is unable to negotiate.
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