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3 reasons mediation might fail

On Behalf of | Aug 7, 2020 | Mediation

Many business disputes can be resolved through mediation, which enables both sides of the matter to work toward a compromise with the help of a neutral third-party mediator. There are some cases that might require a legal trial if mediation fails, but this is usually a last-ditch effort.

Both sides of a business dispute can usually benefit from mediation. The process is typically less costly and a bit quicker than having to go to court. Of course, there are some signs that it might not be a viable option for your case. Consider these three reasons why mediation may fail.

#1: One party doesn’t trust the process

One common issue that comes up in mediation is that one party doesn’t trust that the terms of the mediation sessions will be honored. This might be because of the confidentiality agreements that are part of the process. Some parties might not believe that those agreements will be followed as intended. Being unable to be open and honest can cause things to stall, which can make mediation impossible.

#2: One party isn’t committed to finding a solution

In order for mediation to work, both parties have to be committed to finding a solution. The chance of it working when one party isn’t committed is slim because there really isn’t an incentive to come up with a compromise. In some cases, one party might not be willing to hold their own responsibility in the matter. This can discourage them from accepting solutions that would require them to rectify the wrong they had in the matter.

#3: One party feels it’s being treated unfairly

Both parties have to feel as though they’re being treated equally. This can be accomplished by focusing on solutions instead of only thinking about the blame that can be laid. Mediators aren’t tasked with making decisions related to the cause of the case, so they typically don’t have to worry about what led to the legal issue.

It’s imperative that you go into mediation with a plan. Working closely with your attorney may help you to formulate the plan so you’re able to make decisions as you go through the process.