Mediation Disadvantages

• Imbalance of Power

  One party is usually weaker than the other, whether financially or emotionally meaning the weaker party could be intimidated by the stronger party and not able to stand up for their own rights, pressured into compromising. For example, an individual who takes on a multi-national company such as Asda; the company will have vast financial and legal help whereas the individual will not. There is no public funding for mediation and an individual is unlikely to present their case as well as a company with legal representation. It is difficult for a mediator to prevent this in a mediation setting and this imbalance of power can effect the possibility of reaching a fair settlement.
• Lack of predictability

  Not bound by the strict rules of judicial precedent so does not have to follow decisions from previous cases. As a result it is impossible to accurately predict the outcome of mediation and there is also no certainty that a settlement will even be reached as neither party has to accept the offers made. An example of this is the unsuccessful mediation between Paul McCartney and Heather Mills. This combined with a lack of formal procedures within mediation means that there is no consistent approach and justice for all as each dispute is dealt with individually.
• Not Legal Experts

  May have difficulties dealing with complex matters of law. There may be difficulties with enforcing a mediation settlement if the terms have not been set out in writing. That means the mediation may not lead to a satisfactory conclusion. Time and costs are wasted and the dispute ends up in court anyway. Also, some mediators struggle to maintain their impartial role as a mediator which means they end up trying to be a conciliator.
• Not Legally Binding

  Not legally binding unless written down which means that if the parties concerned fail to honour a settlement reached they may end up in court anyway. This means that there can add a considerable amount of time onto the length of the process. Many people would prefer to go straight to litigation in the knowledge that the court will give an enforceable judgement and avoid any upset or confusion.