Mediation may sound like a perfect alternative to litigation, but have you ever wondered if there may be downsides to it?
According to some experts, Mediation is not an ideal way to get to the truth of the matter. In a courtroom setting, lawyers have many tools to get people to testify and produce evidence that is not available to mediators.
Also, much of courtroom procedure is designed to keep things fair to both parties. Mediation typically has no formal rules. This means that if one party is timid and the other is loud and aggressive, the timid person runs the risk of losing some of what is legally owed to him. Mediators have some skills that may help restore balance, but there is a limit to what they can do.
Some experts in abusive relationships do not believe that mediation is appropriate in cases where there has been domestic violence. They believe that mediation might just provide another way for the abuser to harm the victim. Depending on the nature of the victim’s injuries, she may not be able to assert her position in Mediation’s informal setting.
Finally, mediation may not be successful and the parties may not reach an agreement on their dispute. In those cases, the parties will have to go through the time-consuming and expensive process of trial thereby making it seem as if they had wasted their time and money in mediation.
Based on all the information on our page, how much of this do you agree with? Kindly send us your responses in the comment section.
