When Not to Mediate

•    People are too upset as the incident is too recent and the parties are still speaking out of anger.

•    There is a severe power imbalance between the parties.

•    A person is stubborn or does not want to mediate in good faith.

•    One party seems incapable of listening.

•    A person does not want to accept responsibility for the outcome and needs a third party to make the decision to blame it on.

•    Mediation is being used for the wrong reason, such as to threaten or to gather information (cheap discovery).

•    It is an issue that cannot or should not be mediated: beyond the control or authority of the parties; an issue of law; against public policy.

•    The issue deserves public airing – racial harassment, environmental issues.

•    It belongs in the court system to establish precedent.

•    There is a possibility of violence between the parties – spouses or parent/child.