When should mediation not be used?

Mediation may not be an appropriate tool in certain situations. Some of the most common reasons mediation is not used involve the following: 1. When one party does not have the capacity to understand the mediation process – Mediation is a process which requires both parties to enter into an agreement with a full understanding of their rights and consequences. If one of the parties is not capable of comprehending the implications of agreeing to a mediated settlement, it may be inappropriate to pursue mediation. 2. When a party is being pressured to agree - Mediation works best when both parties voluntarily agree to the process. If a party feels coerced into agreeing to a mediated settlement, the outcome will likely not be satisfactory to either party. 3. When high emotions or exaggerated claims are present – Mediation works best when both parties can calmly discuss their differences and make rational decisions. If emotions are running too high or one party is making unreasonable demands, mediation will likely not be successful. 4. When a mediation would be costly - Mediation can be expensive and time-consuming. If the cost of the process outweighs its efficacy in a given situation, it may be better to forego the mediation and pursue other means of settling the dispute. Overall, mediation can be a powerful tool for resolving disputes in North Carolina. However, it is important to carefully consider the merits of the process and make sure it is the right option for a given situation.

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When should mediation not be used?

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