Mediation is a process that allows two or more conflicting parties to resolve a legal dispute without litigation. Lou Chang Mediation & Arbitration in Honolulu, HI, knows that while mediation has many advantages, there are also some drawbacks to consider. To help you make the best decision for your situation, independent mediator Lou Chang shares some disadvantages of the mediation process.

What Are the Disadvantages of Mediation?

As with any human process, mediation can be misused or abused. Unlike a court ruling, this process has no formal rules. Not all parties may approach and participate in mediation with the same good faith and commitment to search for mutually beneficial solutions. 

Some fear that mediation can be used by parties for one-way discovery. It is difficult to have a successful process if one side feels they are missing details that will allow them to fully assess the case. In such circumstances, the other parties or the mediator may need to call for the cessation of the process. 

When unsuccessful, mediation can also become "one more hoop to jump through" before obtaining an arbitrated or litigated decision. This can tack on extra time, inconvenience, and legal costs for all involved.

Mediation has proven itself to be a highly effective and versatile process for achieving earlier resolutions to a broad range of legal and business disputes. However, there are circumstances where this approach may not be appropriate. 

In unusual circumstances, mediation might not be enough to settle a dispute. In cases where a precedent needs to be established, a constitutional right interpreted, or a developing principle of law articulated, a judicial determination will be necessary.  

Other situations where mediation is contraindicated include circumstances where: a dispute is subject to disposition by summary judgment; a public sanction, penalty or punitive damages is desired to set an example; or a party is untrustworthy or unstable so that meaningful negotiations are unlikely.  

These are not absolute guidelines.  Mediation can still be useful to help eliminate superfluous claims, facilitate fact-finding, narrow issues, and develop focus in the conflict resolution process. 

Are you wondering if your legal or business dispute warrants mediation? Lou Chang Mediation & Arbitration stands by the promise to deliver outstanding legal services that are in the best interest of the client. Lou Chang has spent the past four decades providing mediation and arbitration for companies in a variety of industries. Learn more about this independent mediator’s services online or by calling (808) 384-2468 today.