Why Would Family Mediation Be Cancelled? Speak to National Family Mediation Service
Why Would Family Mediation Be Cancelled? National Family Mediation Service
If you are currently going through a divorce or a family dispute, you might have heard of the concept of family mediation. Family mediation is the process where a neutral third party assists families in resolving their disputes in a peaceful and non-confrontational manner. It is a highly beneficial process as it helps parties come to an agreement without having to go to court. However, even with the best intentions, sometimes mediation can get cancelled. In this blog post, we will explore the reasons why mediation may be cancelled.
Lack of willingness to participate
The mediation process requires the willingness of both parties to participate, without which, it’s pointless. Even if one of the parties is unwilling to engage in the process, the mediation will not be effective. In situations where mediation gets cancelled due to unwillingness, the parties may have to opt for a different resolution process.
Conflict escalation
Sometimes a dispute gets out of hand, despite being brought to mediation. Previously calm discussions can turn to heated arguments, making mediation impossible. When parties cannot resolve their conflicts amicably, they may need to consider alternative means of dispute resolution.
Legal representation
The mediation process is about finding solutions that work for both parties. However, sometimes one party may feel like the other has legal expertise while they don’t. If a party does not feel comfortable with the other party having a lawyer during mediation, it might get cancelled. Mediation can be used with or without lawyers present, but both parties need to be comfortable with the process.
Complexity of the dispute
If the issues to be resolved in mediation are far too complex, then the process may end up getting cancelled. Sometimes, a dispute may need more specialized attention from a court, and mediation may not be the best fit. The dispute should not be too complex that it cannot be resolved in mediation.
Imbalance of power
Mediation is supposed to be an equal, neutral process benefiting both parties. However, if an imbalance of power exists, it can make the process unfair and may lead to a lack of participation or unwillingness to negotiate. In cases where one party feels a significant power imbalance, mediation may be cancelled as it may not provide the necessary resolution required.
Family mediation can be an effective way to resolve disputes between parties without going to court. However, many factors can lead to the cancellation of the process. It is crucial to identify these factors early to prevent unnecessary expenses and delays in approaching alternative dispute resolution mechanisms. Use this information as a starting point to learn what can go wrong during mediation, and work towards resolving these issues early on in the process.