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.
