Is mediation the right way to solve your dispute?
There are several factors to take into account when choosing how to settle a dispute.
There is more to reaching an agreement than winning and losing. Choosing the right process for your dispute can be complex and needs careful consideration.
If we are looking at the agreement holistically, we measure its effectiveness by considering if both parties have their needs met; if the agreement is practical and sustainable and importantly in community living, if the relationship is restored, or at a minimum workable.
There are some situations where mediation is not appropriate:
Cases in which one party seeks to clarify the law or requires a binding precedent,
If a party is seeking punitive damages and is unconcerned with the possibility of losing at trial.
When an accusation has been made against a party who then seeks public vindication.,
A parties capacity or ability to advocate for themselves.
The parties relationship (past abuse, intimidation, coercion).
Major power imbalance between parties.
History of one party acting in bad faith - lacking willingness to collaborate on solutions.
