What are the pros of mediation?
- More control for the parties
- More creative solutions
- More constructive communication
- More efficient and less expensive than other options
- Confidential process
How about the cons?
- No publicity, sometimes disputes concern public issues which need to have public results
- Mediation is informal and if your dispute concerns violence, safety or criminal activity it may not be appropriate
- If the parties are not able to negotiate freely either because of intimidation or power imbalance or some other reason, then mediation is not an appropriate choice. Parties need to be able to negotiate for themselves as the mediator will not be able to step in and advocate on their behalf
- Mediation requires work from the parties – you need to be focused and creative and communicative. Not all parties are willing to make this effort.