Mediation isn’t for everyone

Mediation doesn’t work for every situation. The parties must be willing to come together and talk with each other. This may not be possible in some cases. The process is voluntary and cannot be forced. If one side refuses, it won’t work.

Each party must be able to have their needs articulated. While this is most often done individually on one’s own behalf, it can be assisted by an advocate such as an attorney or advisor.

In fact, some disputes are better handled with advocates (lawyers) negotiating directly with each other or alongside the parties. This can be part of a successful collaborative process. In other cases, the only way there will be a resolution is through litigation or arbitration and it is important to know that these avenues are available.