Should I mediate? 5 indicators to look for

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Photo by Justin Luebke on Unsplash

This blog highlight the the five key indicators to look for when deciding if mediation is right for you.

Is there an ongoing business disagreement bothering you? Is it with a client, business partner, or employee? Is it on the verge of becoming a serious legal problem?

You may be thinking about or have already sought advice from a lawyer about this matter. However, before you jump into a formal and often expensive legal battle, you should consider mediation.

 

Is mediation right for me?

This blog post will help you decide whether mediation is right for your situation. If you haven’t already, read our previous blog posts to gain an understanding of the purpose of mediation and how it differs from litigation.

You can look for these factors, which a mediator would consider in assessing your situation. Remember that each situation is different, so it is always best to ask a professional mediator directly to discuss your circumstances!

  1.  Willingness to participate – mediation is voluntary and there needs to be sufficient good faith for effective negotiation
  2.  Desire for closure – a legal judgement may not necessarily end a dispute which involves strong emotions or hostilities
  3.  Importance of relationship preservation – mediation is a good way to allow important relationships to be preserved in spite of the dispute
  4.  Timing – mediation can help you get a matter sorted out as quickly as possible, so you can go back to focusing on your business
  5.  Your needs – is the law surrounding your dispute unclear? It is possible your desired outcome may be better achieved in through a non-legal avenue such as mediation

 

There are also signs which might suggest mediation isn’t suitable such as:

  •  Criminal or dishonest conduct
  • Lack of authority – one party might not have the power to settle (e.g. a government body) via mediation and are required to go through a court process
  • Urgent court injunction is needed – you might need to put an immediate stop to the other party’s actions before mediating
  • Hostile emotions – one party might not be in the right emotional or mental state to negotiate which would lead to counterproductive results

Ultimately, your situation is unique and while these indicators are a good starting point, it is best to seek a professional assessment. If you would like to speak with a mediator or have further questions, contact The Accord Group at info@accordgroup.com.au or call us at (02) 9264 9506.

 

Summary:

  1. Not all situations are suitable for mediation

  2. There are five indicators that you can look for which suggest mediation is right

  3. Also bear in mind the signs of a situation which cannot be mediated.

  4. Every situation is unique and it’s ultimately best to contact a mediator to help you decide!

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