3. Mediation: Should All Cases Be Mediated?
Absolutely not. Mediation is not always appropriate. There are many divorce cases in which the parties and their attorneys can do perfectly well in working out a settlement. Contrary to popular belief, significant percentages of divorcing couples are very capable and willing to work out their differences in a reasonable manner.
Likewise, there are those cases that are so deadlocked that it is obvious to all involved that settlement discussions are a total waste of time and money. Additionally, there are litigants who know that mediation is not going to resolve anything, but use the mediation process as a tactic to delay the case, demoralize their opponent, or as a discovery tool.
Robin M. Green, Divorce: When It’s the Only Answer (The Ordinary Mortals Guide, Inc., 2005), Chapter 14, pp. 206.
Mediation Portal
1. Mediation: Getting the Flavor of Mediation
2. Mediation: If You Are Ordered to Mediate, Can You Object?
3. Mediation: Should All Cases Be Mediated?
4. Mediation: Confidentiality
5. Mediation Essentials — Opportunity to Tell Your Side of the Story
6. Mediation Essentials — Listening Can Pay Big Dividends
7. Mediation Essentials — The Typical Mediation Format
8. Mediation: How Soon Should the Case Be Mediated?
9. Mediation: How Long Will It Take? How Much Will It Cost?
10. Choosing a Mediator — What You’re Looking For
11. Choosing a Mediator — Weeding Out the Clueless
12. Mediation: It Is Not the Place or the Time for Drama or Surprises
13. Mediation: Unintended Consequences — Mediation Sometimes Is Just a Discovery Tool
14. Mediation: The Mediation Process Is Not a Substitute for the Trial Process
15. Mediation: Understanding the Mediator’s Bias
16. Mediation: Can You Mediate without a Mediator?
17. Mediation: Can You Mediate without a Lawyer Present?
18. Mediation: Mediated Settlement Agreements Are for Keeps
19. Mediation: The Dark Side of Mediation