What are the disadvantages of mediation?

There are very few disadvantages to mediation, although sometimes it is not the right process if the parties want something specific: For example, mediation does not typically allow for disclosure of documents (although this can be agreed between parties) which may be required by one or more parties. Also, a party with a very strong case may not want to have a mediation on the basis that the focus of mediation can be for a claim to be compromised in some way rather than met in full.

If a mediation does not result in a settlement (most mediations do), the mediation will be an extra cost for the parties to bear. This is however often counterbalanced by the parties gaining greater understanding about the dispute through the mediation process.

Share this post