Mediation is a choice, not a requirement. Neither you nor the other party can be forced to participate or come to a settlement. It’s important that both sides are willing to work together. Most issues can be solved through mediation, but some cannot.
To see if your situation is suitable for mediation, consider if both parties are willing to be honest and cooperative. Also, check if there is common ground to build on, like wanting to save money, finding the best outcome for any children involved (if applicable), and ending the dispute quickly.
- Willingness to Mediate in Good Faith
One of the key elements of successful mediation is the willingness of both parties to participate in good faith. As a voluntary process, the mediator has no authority to enforce an agreement, and their role is to facilitate a mutually beneficial resolution between the parties. However, if one of the parties is not contributing in good faith, it can be difficult for the mediator to help the parties reach a resolution. Fortunately, many mediators are trained in how to handle this situation and can help bring the parties back to the negotiation table in good faith.
- Common Ground
Establishing common ground is crucial for resolving any dispute. When parties agree on some things, it’s more likely they will agree on other things in a facilitated mediation session. This common ground can be specific or broad, and can include wanting to save money on litigation costs, achieving the best outcome for children involved, bringing the dispute to a close as quickly as possible, and avoiding the stress and conflict associated with litigation.
- Issues Not Resolvable Through Mediation
While there are few issues that cannot be resolved through mediation, they do exist. Cases that require the intervention of the legal system, such as allegations of crime or child abuse, cannot be resolved through mediation. In family law and divorce mediation, it may not be possible to mediate issues related to child abuse allegations.
However, there are some cases where the legal system is necessary, like allegations of crime or child abuse. These cannot be resolved through mediation. Also, issues involving domestic violence or child abuse must be handled by the authorities (SAP).
Overall, most disputes can be solved through mediation if both sides are willing to find a solution that works for everyone.
When deciding whether mediation is the right choice for you, it is important to consider your willingness to participate in good faith, the presence of common ground, and the nature of the issues in dispute. While there are some cases that cannot be resolved through mediation, it can provide a less stressful and more cost-effective alternative to traditional litigation for many disputes.
If you’re considering whether mediation is the right choice for you, take the first step towards resolving your dispute by getting in touch with us. Our experienced mediators will help guide you through the process and answer any questions you may have. Don’t let conflict continue to weigh on you – contact us today to learn more about how mediation can benefit you and help bring resolution to your situation.