Private mediation is considered an easy way to handle disputes without following legal proceedings. However, mediation also involves some disadvantages and therefore should only be considered on a case by case basis.
Evidence – Mediation representative will have little or no control to push parties to testify or to produce evidence; this means that decisions will have to be made without understanding the entire picture.
Fairness – Courtroom proceedings revolve around ensuring that all parties are fairly treated. However in a mediation setting a loud, aggressive person may be able to get their way over a timid party. In this case, the mediator will have to ensure balance is maintained.
Aggressive parties – If parties are aggressive to one another and find it difficult to sit down and discuss issues, the mediation proceedings will only cause parties to get more aggressive and defensive.
Not reaching an agreement – Lyle Charles Consulting says that sometimes mediation will not bring about a solution, which means that parties will have to spend more time and money and follow legal proceedings.
To ensure that mediation is best for you, consider the case and how you and other parties communicate. If you feel that you can discuss issues in an open environment with the party with whom you have a dispute, then mediation is a sensible option. However, if you and the other parties have a relationship that has become strained, it is best to look at legal proceedings as they provide more structure.