Thursday, November 5, 2009

Reasons for Mediation Failure

For those considering mediation consider 4 Reasons Why Mediations Don't Work:

...Sounds odd, well it isn't. Here are four reasons that can cause your mediation to fail.

1. Timing - Rushing into a mediation is not beneficial for either party or any of the parties (parties if more than two parties) and can cause the mediation to fail. Most mediation professionals agree that it is best to mediation prior to litigation or arbitration, but that could be years between the event and the actually litigation. In some few cases, mediation should occur very soon after the event that causes the disagreement, such as in elder mediation cases . Understanding that timing is important in scheduling a mediation or offering mediation as an alternative will increase the settlement rate.
2. Location - Choosing the wrong location for a mediation can cause your mediation not to work, especially if the location is hosted at a non-neutral site (such as the office of one of the parties).
3. Frame of Mind - If you are attending a mediation and if you know it won't work, then it won't. You must be willing for the process to work.
4. Mediator - Choosing the wrong mediator can cause the mediation to fail. Not all mediators should mediate all cases. Mediators specialize in certain types of cases for a reason, they have a background that can help a mediation succeed. Choose a mediator that is well versed in your case.

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