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When not to Mediate

When not to mediate

Mediation is not an appropriate dispute resolution option in the following circumstances:

  • The dispute involves a point of law, the interpretation/construction of a document, the necessity for an urgent injunction, or in disputes when an allegation of fraud or other commercially disruptive conduct is made.
  • The disputants have a history of mutual intimidation, violence or acrimony.
  • The disputants have agreed to establish a legal or public precedent.
  • There is an imbalance of power, social or financial position between the disputants.
  • A statutory time limitation or deadline expiry date is imminent.

Mediation does not suspend the operation of a statutory time limitation.

It is recommended you obtain legal advice on this important legal principle in the possible event that mediation fails and you are obliged to litigate.

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