When Is Mediation Not Appropriate?

Illinois Mediator Serving DuPage County, Kane County, and Cook County

While mediation can be a viable option to resolve many types of legal disputes, there are times when it should not be used. Examples include:

• Cases in which there is a history of alcohol or drug abuse.
• Cases in which there is a history of mental illness.
• Cases in which there is a history of physical or psychological abuse.
• Cases in which one party has an order of protection against the other.
• Cases in which one party feels threatened by the other.

It is also important to remember that the mediation process is non-binding. This means that any resolution that is reached must be agreed upon by both parties for the settlement to be legally binding. Either side is free to end the process at any time and proceed to litigation or another form of dispute resolution.

Because the process requires voluntary agreement by both sides, it is probably not a good idea to start mediation if one or both parties is rigid and not willing to be flexible, the two sides are very far apart on what they want, or there is reason to believe that one party is not acting in good faith. In these types of cases, there is a good chance that mediation will be a waste of time.

To learn more about whether or not mediation may be appropriate in your case, contact our office today at 847-749-4337.