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Is mediation right for my case?
As a mediator I have mediated over several cases which cover various aspects of life where conflicts and disputes exist between individuals, businesses or within an organisation. What I have learned is that mediation can be a powerful tool for firstly bringing people to the table, allowing the issue or concern to be shared equally and moving the parties forward, perhaps to a place where relationships can be repaired. However, it has been my experience to meet various challenges where mediation is not always the right fit for every situation. In such circumstances we would normally take the time to explore with a client the reasons why
When mediation is not appropriate
Vulnerability a party may have significant mental health or capacity issues. We would consider whether additional support is required so the client can still participate in a meeting.
Safety there maybe some form of risk issues involved to a party or even to the Mediator. Legal proceedings or safeguarding concerns
It may not be a good time for a party due to bereavement, childbirth, current unavailability.
Pause a request for mediation to be placed on hold.
Inequality a party may not wish to see the other party for fear of significant power imbalance.
Sentiment a party may be worried about their own emotions or worried about divulging too much information at the meeting.
Confidence a party’s lack of trust or resentment of the other party
Unworkable a party may have tried mediation before which had not been successful
Winnie Onyekwere LLB LLM
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