Martin Burns considers the situations when mediation may be unsuitable
Mediation is a practical and sensible method for resolving an immense range of disputes. There is plenty of first-hand testimony to demonstrate the effectiveness of mediation, and it is increasingly being used in both commercial and consumer markets.
It is particularly useful where parties want to be in charge of the process and timetable, and retain control over the ultimate decision on their dispute. Mediation is nearly always the right way to go when parties believe their differences can be resolved through discussion, and they are willing to cooperate in finding solutions.
Parties often want to resolve their differences in private, particularly if they are worried about the possibility of commercially sensitive or personal issues becoming public, as would happen if their dispute ended up in court. Mediation is especially attractive where there is desire to maintain continuing relationships, which could be damaged in adversarial forums such as arbitration or litigation.
But mediation may not always be suitable. There are certain situations where mediation can struggle to be effective. In a few cases,
