Mediation is a well-known alternative dispute resolution. Many people in dispute employ it instead of litigation, as it is less stressful, takes less time, saves money and offers utmost confidentiality. But not all cases be solved via mediation.
Civil cases that involve conflict between two or more parties are generally eligible for mediation. Examples include disputes between family members, an employer and an employee, a company and a contractor, two parents in a custody battle, business partners, neighbors, a landlord and a tenant, interested parties of an estate plan, someone injured and the party at fault, and so on.
Why doesn’t mediation work in criminal/violent matters?
Claims that involve criminal issues are generally ineligible for mediation because the perpetrator may need to face criminal charges according to the law. Besides, for a mediation to be successful, both parties should be free to describe the dispute and negotiate to reach an agreeable solution. If one party is uncomfortable engaging in these approaches, perhaps their case involves violence, the negotiation and/or settlement may not be fair to both parties due to the unique power structures at play.
Can mediation solve serious cases?
There are several myths about mediation that seem to persist over they years. One of them is it can only be used in minor cases. In reality, mediation can be employed in serious matters, such as a complicated custody battle, the distribution of assets worth a lot of money, a business partner selling a company’s secrets, an employer wrongfully terminating an employee and so on.
Many cases are eligible for mediation unless they are criminal in nature or involve parties that cannot – for whatever reason – be expected to negotiate in good faith. As a result, if you are facing a civil concern, you may benefit from seeking legal guidance to determine if your dispute can be solved outside court.