When should you not use mediation?

When should you not use mediation?

Mediation only works if one party pays money and the other party is willing to take less than what they might get at trial. However, if a party believes it is not liable and should not pay any money, then mediation will not resolve the dispute.

Does a mediator decide the outcome?

Unlike a judge or an arbitrator, the mediator won’t decide the outcome of the case. The mediator’s job is to help the disputants resolve the problem through a process that encourages each side to: identify the strengths and weaknesses of their case.

Can you say no to mediation?

Or they are the respondent, who is being lead unwittingly toward the court. By trying mediation, a couple has nothing to lose and everything to gain, starting with their self-respect. The answer of course, is yes, you can refuse.

How do you win at mediation?

One party may gain more than the other. But as long as both parties gain more by mediating or negotiating, then a win-win outcome is usually achieved. In order to create a true win-win outcome though, both sides’ problems must be solved. That is why the mediator needs to first learn what both sides want.

Can I be forced to go to mediation?

A mediator is not a decision-maker like a judge or an arbitrator; rather, the mediator will assist parties to resolve the issue themselves. Mediation is a non-binding process; at any point, either party can withdraw. The non-binding nature also means that decisions cannot be forced on either party.

Can I refuse to attend mediation?

People invited to participate in mediation may refuse to attend and cite various reasons for doing so. When both parties in disputes are called to settle their differences through mediation, these feelings can arise and lead them to hesitate or refuse to participate in dispute resolution.