What are some examples of conflicts that are appropriate for mediation?
Almost all disagreements or conflicts are appropriate for mediation if the parties are willing to engage in a good faith effort to resolve the dispute. No conflict is too small, too large, too simple, or too complicated for mediation.
Below are four examples of situations where mediation may help with a resolution that is tailored to the needs of the parties involved.
Example 1: Mediation in a Divorce
Joe and Joanna are getting a divorce. They agree that they both want what’s best for their 8-year old son, including keeping him with their beloved dog, but that seems to be the only thing they agree upon. To further complicate matters, at the end of the year, Joanna’s employer will be relocating their offices 300 miles away. Joanna will have to move if she wants to keep her current job. Joe and Joanna have hired attorneys who have recommended mediation to see if the parties can move towards settlement with a neutral third-party mediator before moving forward with litigation.
Example 2: Mediation for Family Conflict
Michael and Mark used to be close siblings, but when their mother Shang-Ni’s health began declining, all three of them disagreed on the best course of action. Michael wants their mother to co-purchase a house so they could live together and he could help take care of her. Mark wants their mother to move into an assisted living facility. Shang-Ni wants to continue living in her townhouse. She promises to hire outside help if and when needed. Michael heard of mediation and suggested they try it.
Example 3: Estate Case Mediation
Uncle Lee died without leaving any family behind. In his will, he left $100,000 to his best friend Tom’s two adult children, Shirley and Taj, naming Tom as the executor of his will. Rather than distribute $50,000 to each of the beneficiaries, Tom decides that “for tax purposes” he will distribute only $19,000 to each beneficiary this year. Although Taj is fine with this approach, Shirley strongly disagrees and would like the entire amount to be distributed immediately. She has hired an attorney and is threatening legal action. Shirley’s husband is upset she hired an attorney without his knowledge and suggests mediation instead of court.
Example 4: Mediation in a Civil Case
Jonah is driving at night when he accidentally bumps into the car in front of him at a red light. Jonah and the other driver exchange insurance information and both drive away. Jonah’s insurance company pays $2,500 to the other driver to repair a dent in his rear bumper. More than a year later, Jonah receives a letter in the mail saying that the other driver is suing Jonah for $25,000 for neck and shoulder pain, and emotional distress. Jonah does not have the money to hire an attorney and suggests mediation instead.
When is Mediation Not Appropriate?
These examples show how mediation may help the parties resolve their disputes without litigation. However, not all conflicts are appropriate for mediation. In order for mediation to be effective, all parties must feel safe and have the ability to express themselves to advocate on their own behalf. When there is concern about abuse or safety, or a significant power imbalance, such as cases that may involve domestic violence, child abuse, or sexual harassment, mediation is generally not appropriate. Parties must have the ability and willingness to participate in a conversation that is focused on resolution.
Remember: The earlier a misunderstanding or dispute is addressed, the more likely mediation will result in a positive outcome.
