When to mediate

Mediation cannot solve all legal disputes, but it can be helpful in many cases.

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When to consider mediation

Consider mediation when:

• There is an issue in dispute
• All parties to the dispute are willing to meet and try to settle it
• The parties have some trust in each other
• Parties want a flexible and informal process
• No party can ignore the problem
• The power balance between the parties is fairly equal or can be managed by a skilled mediator
• Other options for resolving the dispute are too expensive, too slow, or too formal
• All parties have an interest in maintaining a relationship after the dispute ends
• The case requires a creative solution
• The parties would prefer to settle the dispute in private

The earlier a dispute goes to mediation, the more likely it can be settled. When a dispute lasts longer, people become attached to their positions and resist seeing other points of view.

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When mediation is probably not appropriate

Mediation is probably not appropriate when:

• There is fear of violence or abuse between any of the parties
• The case has no real foundation, or is just a way to exploit a situation or aggravate someone
• A party is acting in bad faith (for example, they are trying to cause delays or hide important information)
• The parties to the dispute do not have the power to change things or to resolve the problem
• A party is unwilling to consider working toward compromise
• A party is challenging a law
• A legal precedent is needed to govern similar cases in the future
• People not involved in the dispute might be prejudiced by the outcome
• The issue is one that should be debated openly, in public 

Settlement rates in mediation are quite high. Cases often settle, even when parties don't think they can resolve the dispute outside of court.