When should mediation not be used?

Mediation is a great way of resolving problems without having to go to court. It can be cost efficient, time efficient, and less stressful than court proceedings. But, as with any tool, there are limitations when it comes to mediation in Wisconsin. When a dispute involves criminal behavior or when the parties are unable to speak civilly to each other, mediation should not be used. In these cases, the situation may escalate quickly and become dangerous or damaging to the parties involved. Mediation can also be ineffective when one side is not in agreement. If one or both sides are unwilling to compromise or negotiate, the mediator is not able to help the parties resolve their disputes. Additionally, mediation is not recommended in cases involving minors or other vulnerable populations, such as the elderly, to ensure their best interests are protected. If the parties have already made a contract and one side is not abiding by the agreement, mediation should not be used to enforce the contract, as a court would be better suited to make that decision. Mediation should also not be used when the parties are not able to reach a resolution after several mediation sessions. In this case, the parties may need to take the dispute before a court or go through a different resolution process. Ultimately, dispute resolution must fit the situation and the parties involved. If mediation is not an appropriate choice, then it should not be used.

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When should mediation not be used?

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