When is mediation appropriate?
Mediation is for parties who wish to preserve their ongoing relationships or terminate an existing relationship in the least adversarial and most cooperative way. This is possible because the parties are empowered to make their own decisions regarding the outcome of their dispute.
If we can’t communicate with each other, how can mediation work?
Often people don’t like or agree with the other party and the result is a breakdown in communication. Mediation doesn’t require that either party like the other or always agree with what they are saying. The role of the mediator is to facilitate communication between the parties in which each party is able to express their wishes, needs, and concerns. Through mediation, a positive communication style will eliminate negative emotion and volatility so that a reasonable and satisfactory agreement can be reached.
If both parties are willing to approach the process with respect for the other person, it is likely that you will benefit from mediation.
When is mediation not appropriate?
Mediation may not be appropriate if either party is unable to enter into the mediation process due to substance abuse, physical or emotional abuse by the other party involved, or psychological impairment. Mediation requires open communication from both parties free from any type of intimidation and/or fear.