When is Mediation not Appropriate?

When mediation is not appropriate

  • One of the parties is not prepared to make concessions or is determined to be proved right.
  • The parties want a public ruling from the regular courts, for example for the purpose of setting a precedence.
  • The parties want an enforceable order (court case or arbitration). However, it should be noted that this can also be achieved by having the settlement agreement drawn up by a civil-law notary.
  • The parties want to be sure of a resolution to the dispute at the end of the process.
  • The conflict has escalated to the point where each party wants to damage the other.
  • One party is much more powerful than the other, so that negotiations would not be on an equal footing.
  • It is in one of the parties’ interests to employ delaying tactics.