When Mediation Is Inappropriate?

Some authorities argue that mediation is not appropriate when there has been domestic abuse or there are great power imbalances. The counter argument to this is that the litigation process further disempowers the abused party and removes the ability to resolve the conflict, so is there a time when mediation is inappropriate?

Almost universal agreement holds that if the safety of the parties cannot be secured during the mediation then it is inappropriate. Mediators can use shuttle mediation, teleconference and other techniques to increase the safety to participants but occasionally even these tactics will not allow for a safe environment for a potential mediation.

Mediation will also not bring satisfaction to parties that are seeking to punish the other party through the litigation process.

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