What are the disadvantages of mediation?
Table of Contents
What are the disadvantages of mediation?
Some of the drawbacks to mediation include:Party cannot be compelled to participate, except when ordered by Court;Need to establish a legal precedent; or complex procedural issues involved;Party with authority to settle is unavailable or unwilling to negotiate;May not be cost effective in a particular case;
What should I ask for in mediation?
The questions which you should be asking yourself are:Do I feel comfortable with this mediator?Do I feel like this mediator has integrity?Do I feel like this mediator will be fair and balanced and maintain integrity in the process?
Do cases usually settle at mediation?
The mediator cannot order either party to settle. Mediation is not always successful, however, over the past decade, it has become more common for lawsuits to resolve at mediation than proceed to trial. Mediation merely provides both parties with an additional opportunity to resolve the case before trial.
Is a mediator decision binding?
The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. Mediation is a confidential procedure.
