Mediation is an excellent form of dispute resolution and can be used in most conflict situations. If you want to maintain a relationship with the other person or if you feel your life would be so much better if the dispute were settled, or even if you feel confidentiality is important for you, then choosing mediation is the right option.
If you are trying to reach an agreement in a dispute where there are many issues and strong emotions, resolution can be difficult. A mediator can transform a dispute into a more manageable process in which issues can be discussed and resolved in a calm environment.
You may have a solicitor guiding you through your dispute, in which case they will discuss mediation with you and tell you when it is suitable to use a mediator. If you haven’t got a solicitor, then consider the following points to help you make the decision.
- When emotions between both parties are so intense that they are preventing a settlement outside of the mediation process.
- When many issues distract the decision making process and the order in which these issues should be tackled.
- When the quantity and/or quality of communication between both parties is so poor that it requires a safe pair of hands to handle negotiations in a skilled way.
- When mistrust between parties is hindering communication and resolution.
- When behaviour that is negative is putting up barriers to resolution.
- When arguments over information prevent data from being collected and evaluated.
- When lots of issues distract the decision making process and the order in which these issues should be tackled.
- When there is a perception that each parties’ interests are incompatible.
- When there is currently no process for negotiations and things have stalled.