No mediation

Mediation is not always the best process for disputing parties.

The recognized advantages of mediation include time and cost saving, privacy and confidentiality, self-empowerment, reduction of court backlogs, and preservation of future relationships. Thus, it would appear that a discussion of the negative side of mediation would be a short one. However, while acknowledge these advantages there are certain situations where the propriety of mediation is challenged.

Contra-indication for mediation

There are significant power disparities between the parties.
The dispute lays on the street; Parties, or at least one party, wants publicity and a public fight .
Society requires articulation of legal principles or standards.
There is no willingness for negotiates, at least one party wants a (juridical) fight.
Both parties have no real interests.
The rights of the parties not present in the mediation might be adversely affected.
Parties just met for the first time en probably will never again.
Escalation has raised so high the violence is in case.
One or more of the parties is unable to negotiate due to an physical of mental disability or because of lack of required knowledge, education or skills, or for any other reason.