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3 Situations Where Mediation Won’t Work, But Litigation Will

Mediation is a very common form of alternative dispute resolution. However, mediation is not a good option in every legal case. In addition to understanding the process of mediation, it is also important to understand why mediation may not be a good idea in certain cases.

When Mediation Will Not Work

There are several situations where mediation will not be an appropriate solution to dissolving a dispute:

1. Mediation will not work when there is an imbalance of power between the two parties at dispute. One party may feel that they are not able to fully express themselves during the dispute resolution. While a skilled mediator will work hard to get both parties to express themselves, a mediator would not proceed if he/she feels that both parties are not benefiting from the resolution equally.

2. When one or both parties withholds information, mediation will not work. Mediators are not investigators, therefore, when one party fails to disclose all of their assets and income this prevents the mediator from fully accessing the situation and helping the parties to reach a fair outcome.

3. Mediation is also not the proper choice when one party bears all of the blame. This imbalance may cause the innocent party to resent mediation if they feel they must bear partial blame for an incident that they had no control over.

Although mediation is highly recommended in order to avoid going to court sometimes mediation cannot be avoided. If you would like additional information on whether mediation is the right choice for you, please contact Palm Springs mediation attorneys

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