When should mediation not be used?

Mediation is a form of alternative dispute resolution that can be used to resolve conflict and disputes. In Arizona, mediation is often used in family law cases to help people come to an agreement outside of a court setting. However, there are times when mediation should not be used. First, when the parties involved are not willing to cooperate with each other or participate in the mediation process, then the mediation process should not be used. This means that both parties must be willing to openly and honestly communicate with each other in order to work together to come to a resolution. Second, if there is a history of domestic violence, or one party is being forced to enter into the mediation process, then mediation should not be used. This is because mediation is voluntary and if one party feels coerced or unwilling to participate, then the process will not be effective. Third, mediation should not be used if one of the parties does not have legal representation, or if the issue is complex or requires specialized knowledge. This is because the mediator is not an expert in the law and may not be able to offer sound legal advice. Finally, if the mediation process has been unsuccessful in the past, then it should not be used again. If the parties are unable to reach an agreement after multiple attempts, then it is probably best to pursue other forms of dispute resolution.

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When should mediation not be used?

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