6 examples of cases where mediation is not a suitable alternative for dispute resolution

Mediation can be an attractive option (and may even be mandated) to resolve disputes in a fraction of the time and at a fraction of the cost of a case going to trial. However, it is not appropriate for all types of cases and situations. As a trained mediator and experienced litigator, Tarunjeet Gujral has a vast range of skills. He works with you to determine the most appropriate path forward for your case. 

Here are six situations where mediation is not an option:

1 – Criminal cases

Mediation and other forms of Alternative Dispute Resolution (ADR) at Gujral Law Professional Corporation in Mississauga, Ontario, are not available for cases deemed criminal in nature. This includes theft, assault, fraud, and other serious and violent crimes that must be tried in a court of law, as these criminal matters are subject to specific legal sanctions. Mediation applies only to non-criminal cases, including civil, commercial, and family disputes. 

2 – Cases that set a legal precedent 

If your case could potentially affect how future similar cases are governed, then mediation is not an appropriate path forward. These disputes demand a formal court ruling because they involve potentially new or complex interpretations of the law that could establish precedent going forward. 

3 – Disputes that are in the “public interest”

When your case involves matters such as pay equity and challenges to government policy, these disputes have implications for more than you and the other party. If your case is of public importance and potentially affects broader society, it requires open debate and public accountability. 

4 – Family violence, abuse, and safety concerns

Mediation is generally mandated for family law proceedings and disputes over spousal or child support, child custody, property division, separation and divorce agreements, and guardianship. However, even though these are non-criminal cases, mediation is not mandated, nor can you voluntarily choose it in situations where there is a history of domestic violence, or where there are ongoing concerns such as stalking or threats. These circumstances would make a sound mediation process impossible and not appropriate due to potential risks to the safety of any involved parties.

5 – Extreme power imbalances

In any civil case where one party is vulnerable to manipulation or cannot negotiate fairly because the other party is domineering or controlling, mediation is not possible. These dynamics do not support an environment where the controlled party would feel safe enough to express their desire within the confines of the mediation process.

6 – When “bad faith” actors are involved

If one party is acting in bad faith, mediation is not appropriate because it requires that all parties voluntarily participate and are willing to genuinely compromise. Bad faith intentions are defined as those that involve one party using mediation as a means to conceal information, cause delays, and/or aggravate or harass the other party. 

Of course, these are just generalisations about when mediation may or may not apply. Gujral Law Professional Corporation looks forward to discussing your specific situation at greater length. Phone (647) 957-8077 to schedule an appointment at our Mississauga, ON office today.