When is mediation successful and when is it not

The likelihood of resolving a conflict between parties through mediation often depends on several factors. For instance, the extent to which the dispute has escalated, the parties' willingness to negotiate and their actual room for negotiation may be decisive.

Both parties must be willing to actively seek a solution to their conflict. They must be eager to come out of it together and willing to give something to each other. It is therefore important to think carefully about which parties should participate in the mediation. Who do you need to actually make metres and bring movement to a deadlocked conflict?

Mediation is useless when one of the parties:

  • does not want to participate in mediation voluntarily;
  • would like a court judgment;
  • necessarily wants to get his or her right; or
  • benefits from delaying the case.