When should mediation not be used?

Mediation is an informal process for resolving disputes without having to go to court. Mediation is often encouraged in Pennsylvania due to its ability to save money and time, strengthen relationships, and increase satisfaction with the outcome. In certain circumstances, mediation is not an appropriate option and should not be used. Where one of the parties is not able to meaningfully participate in mediation, such as when a person’s mental health or state of mind prevents them from making an informed decision, then mediation should not be used. This is because the party would be unable to understand the process and to take into account their own interests and concerns, and their rights may be jeopardized. Mediation is not suitable in cases of physical, sexual, emotional, or financial abuse or threats of abuse, as it could further endanger the safety of the victim. Mediation should also not be used in instances where one party is a minor, or where one party has considerably less power or bargaining strength. In these cases, the more vulnerable party needs to be protected from potentially adverse outcomes or exploitation. Mediation is also not appropriate where the dispute involves a criminal matter, or in any cases where the parties are required by law to go through an alternative dispute resolution process. In these cases, it is important that all statutory requirements are met and that the interests of all parties are considered. Mediation should not be used where there is time pressure or where it could cause further delay. If it is unclear how the dispute should be resolved, then mediation should be used with caution. In certain situations, it is possible that the outcome of mediation could be worse than if the dispute was resolved through the courts.

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When should mediation not be used?

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