Conflict Assessment Before Mediation

Before jumping into mediation, it’s smart to take a step back and figure out what’s really going on. This is what we call conflict assessment. It’s like looking at a map before you start a road trip. You want to know where you’re going, who you’re traveling with, and what potential roadblocks might be ahead. Doing this groundwork helps make sure the mediation process actually works for everyone involved, rather than just being another step in a long argument.

Key Takeaways

Understanding the conflict means looking at the problem itself, who’s involved, what people really need, and how everyone’s feeling.
You need to check out how people talk to each other, if one person has more power, and what might stop things from getting resolved.
Picking the right mediator is important. Think about their style, if they understand different backgrounds, and if you can trust them to be fair.
Before mediation, gather information by asking questions, looking at papers, and learning the history of the disagreement.
Different ways of mediating exist, like facilitative or evaluative. Knowing these helps choose the best approach for your situation.

Understanding The Need For Conflict Assessment

Defining Conflict Assessment

Conflict assessment is basically the first step before you even think about sitting down to mediate. It’s like checking the weather before you go on a hike – you want to know what you’re getting into. This process involves looking closely at a dispute to figure out what’s really going on. It’s not just about the surface-level arguments; it’s about digging a bit deeper to understand the roots of the problem. The goal is to get a clear picture of the conflict’s nature, the people involved, and what they actually need. This groundwork helps everyone prepare better and makes the mediation process itself much more likely to succeed.

The Role Of Conflict Assessment In Mediation

Think of conflict assessment as the pre-game warm-up for mediation. It sets the stage and helps the mediator understand the playing field. By assessing the conflict beforehand, a mediator can get a sense of the issues, the communication styles of the parties, and any potential roadblocks. This initial look helps the mediator decide on the best approach to take. For example, if there’s a significant power imbalance, the mediator might need to use different techniques to ensure everyone feels heard. It’s about tailoring the mediation to fit the specific conflict, not trying to force a one-size-fits-all solution.

Benefits Of Proactive Conflict Assessment

Taking the time to assess a conflict before mediation really pays off. It helps avoid surprises down the road. When you know the key issues and the underlying needs of the people involved, you can approach the mediation with a clearer strategy. This proactive step can:

Save time and resources: By understanding the conflict upfront, you can avoid wasting time on issues that aren’t central to the dispute.
Improve communication: Identifying communication patterns early allows the mediator to set better ground rules and facilitate more productive conversations.
Increase the chances of a lasting agreement: When the assessment uncovers the real interests and needs of the parties, the resulting agreement is more likely to be satisfactory and durable.
Identify potential barriers: Recognizing things like strong emotions or past grievances early on allows the mediator to plan how to address them constructively.

A thorough conflict assessment isn’t just a formality; it’s a strategic necessity that lays the foundation for effective and successful mediation. It moves the process from a hopeful attempt to a well-prepared endeavor.

Key Components Of Conflict Assessment

Before diving into mediation, it’s super important to really get a handle on what the conflict is all about. This isn’t just about knowing who’s mad at whom; it’s about digging a bit deeper. Think of it like a doctor checking your symptoms before prescribing medicine. You wouldn’t want a doctor just guessing, right? Same goes for mediation.

Identifying The Nature Of The Dispute

First off, what’s the actual problem? Is it a simple misunderstanding, or is it something more complex with a long history? Sometimes conflicts look like one thing on the surface, but underneath, there’s a whole different issue. For example, a disagreement over a shared fence might really be about a long-standing feeling of disrespect between neighbors. Pinpointing the core issue helps everyone focus on what truly needs to be resolved. It’s about getting past the shouting and figuring out the root cause.

Assessing The Parties Involved

Who are the people (or groups) in this conflict? What are their roles? Are they the main players, or are there others who are affected or have influence? It’s also good to think about their relationship with each other. Are they family members who have to keep interacting, or are they strangers who might never see each other again after this? Knowing who’s involved and their connection helps the mediator understand the dynamics at play.

Evaluating The Underlying Interests And Needs

This is where we move beyond what people say they want (their positions) to what they really need or care about (their interests). For instance, someone might say, "I want $10,000." But why? Maybe they need that money to cover unexpected medical bills, or perhaps it represents a need for acknowledgment of a loss. Understanding these deeper interests is key because there might be ways to meet those needs that don’t involve just handing over cash. It opens up more creative solutions.

Determining The Emotional Landscape

Conflicts are rarely just about facts and logic; emotions are almost always involved. How angry, frustrated, or hurt are the parties? Are they feeling defensive or misunderstood? Acknowledging and understanding these emotions is vital. Sometimes, people just need to feel heard and validated. A mediator needs to gauge the emotional temperature of the room (or virtual space) to know how to proceed. Ignoring the feelings can make finding a resolution much harder, even if the practical issues seem solvable.

It’s easy to get caught up in the details of a dispute, but the human element—the feelings, the history, the underlying needs—is often the most important part to understand. Without this, any agreement reached might not actually stick because the real issues haven’t been addressed.

Here’s a quick look at what we’re trying to figure out:

What’s the main issue? (e.g., contract dispute, family disagreement, workplace issue)
Who are the key people? (Their roles, relationships, and stakes)
What do they really want/need? (Beyond their stated demands)
How are they feeling? (Anger, frustration, sadness, etc.)

Getting this information upfront helps set the stage for a more productive mediation.

Assessing Dispute Dynamics

When you’re looking at a conflict before mediation, it’s not just about what people say they want. You also have to look at how they interact, who has more sway, and what might be getting in the way of them actually sorting things out. It’s like looking at the weather before a trip – you need to know if it’s going to be sunny or stormy.

Analyzing Communication Patterns

How people talk to each other, or don’t talk, tells you a lot. Are they interrupting each other constantly? Do they shut down when the other person speaks? Maybe they use a lot of blame, or perhaps they’re really good at listening. Understanding these patterns helps the mediator figure out how to get them talking constructively. For example, if one person always talks over the other, the mediator might need to set a rule about letting each person finish their thoughts.

Active Listening: Are parties truly hearing each other, or just waiting for their turn to speak?
Tone and Language: Is the language aggressive, defensive, or open to compromise?
Frequency and Quality of Interaction: How often do they communicate, and is it productive or just rehashing old arguments?

Recognizing Power Imbalances

Sometimes, one person in a dispute has more influence, information, or resources than the other. This could be due to their job title, financial situation, or even just their personality. A mediator needs to spot these differences because they can make it hard for the less powerful person to speak up or get a fair deal. The goal isn’t to make everyone equal, but to make sure the process is fair and the weaker party feels safe enough to participate fully.

It’s important to remember that power isn’t always obvious. It can come from knowledge, social standing, or even just how confident someone appears. A good mediator looks beyond the surface.

Identifying Potential Barriers to Resolution

What’s stopping these folks from settling this themselves? It could be a lot of things. Maybe they’re stuck on a specific demand (their position) instead of looking at what they really need (their interests). Or perhaps there’s a history of bad feelings that makes it hard to trust each other. Sometimes, external factors, like pressure from others or upcoming deadlines, can also be a hurdle. Identifying these roadblocks early helps the mediator plan how to address them during the mediation session.

Emotional Barriers: Lingering anger, hurt feelings, or fear.
Structural Barriers: Rigid rules, lack of information, or time constraints.
Positional Bargaining: Parties focusing only on their demands rather than underlying needs.

Evaluating Mediator Suitability

Matching Mediator Style To Dispute Needs

Not all mediators approach a case the same way. Think of it like hiring a contractor; you wouldn’t hire a plumber to fix your electrical wiring, right? The same goes for mediation. Some mediators lean towards a facilitative style, meaning they help you and the other party talk things through and find your own solutions. They’re like a guide, keeping the conversation moving and respectful. Then there are evaluative mediators, who might offer an opinion on the strengths and weaknesses of each side’s case, often drawing on their own legal or industry background. This can be helpful if you’re looking for a reality check or are close to a resolution but need a nudge. Finally, transformative mediation focuses on improving the relationship between the parties, empowering them to handle future conflicts better. The key is to figure out what kind of help you actually need. Are you looking for someone to help you talk it out yourselves, someone to give you an informed opinion, or someone to help rebuild a broken relationship?

Here’s a quick look at common styles:

Style	Mediator’s Role	Best For
Facilitative	Guides communication, helps parties find own solutions	Parties who want to control the outcome and have a decent working relationship
Evaluative	Offers opinions on case strengths/weaknesses	Parties seeking an informed assessment or needing help bridging a gap
Transformative	Focuses on relationship repair and empowerment	Parties who want to improve their ongoing relationship

Considering Cultural Competence and Accessibility

This is a big one, and sometimes overlooked. A mediator’s ability to understand and respect different cultural backgrounds can make a huge difference. This isn’t just about nationality; it includes things like communication styles, values, and how people approach conflict. If a mediator isn’t culturally aware, they might misinterpret cues or unintentionally offend someone, which can really derail the process. Also, think about accessibility. Does the mediator offer services in a language you understand? Are there accommodations for disabilities? Making sure everyone feels comfortable and understood is pretty important for a fair process.

Assessing Mediator Neutrality and Trustworthiness

At the end of the day, you need to feel like you can trust the person guiding this process. Mediator neutrality is the bedrock of effective mediation. This means they don’t take sides, have any personal stake in the outcome, or favor one party over the other. How can you tell if they’re truly neutral? Look for transparency. Do they disclose any potential conflicts of interest upfront? Do they have clear ethical guidelines they follow? Their professional demeanor and how they conduct themselves throughout the initial interactions can also give you a good sense of their trustworthiness. It’s about feeling confident that they’re there to help both parties reach a resolution, not to push their own agenda.

Gathering Information For Assessment

Before you even think about sitting down with a mediator, you need to do some homework. It’s like preparing for a big exam – the more you know, the better you’ll do. This part is all about collecting the pieces of the puzzle so you can see the whole picture.

Questions To Ask Potential Mediators

When you’re looking for someone to help you sort things out, it’s smart to ask them a few questions. This isn’t just about finding someone experienced; it’s about finding the right fit for your specific situation. You want to know how they handle things, what their background is, and how they charge.

Here are some things you might want to ask:

What kind of experience do you have with disputes like mine?
How do you typically approach mediation? Are you more facilitative or evaluative?
What are your fees, and how do you structure them (hourly, flat rate, etc.)?
What are your policies on confidentiality?
How do you handle situations where there’s a significant power difference between the parties?

Asking these questions helps you understand their style and whether it aligns with what you need.

Reviewing Relevant Documentation

Think of documents as the evidence of your conflict. They can include contracts, emails, letters, previous agreements, or anything else that shows what happened and what was agreed upon (or not agreed upon). Going through these materials helps you get a clear, factual understanding of the situation.

Contracts and agreements
Correspondence (emails, letters)
Financial records
Previous legal documents, if any
Any other written evidence related to the dispute

Having these documents organized can make the mediation process much smoother.

Understanding The History Of The Conflict

Conflicts don’t just appear out of nowhere. They usually have a backstory, a series of events that led to the current situation. Understanding this history, from the very beginning, is key. It helps you see how things escalated and what might have been missed along the way. Sometimes, just knowing the timeline can reveal patterns or misunderstandings that are at the root of the problem.

It’s important to look at the conflict not just as it is now, but how it developed over time. This historical perspective can offer insights into the underlying issues and the emotional journey of the parties involved. Understanding the sequence of events can help identify points where communication broke down or where expectations were not met, providing a clearer path toward resolution.

By gathering all this information – asking the right questions, looking at the paperwork, and tracing the conflict’s history – you’re setting yourself up for a more productive mediation experience.

Navigating Different Mediation Models

Mediation isn’t a one-size-fits-all kind of thing. Different situations call for different approaches, and knowing these models can help you figure out what might work best for your conflict. It’s like having a toolbox – you wouldn’t use a hammer for every job, right? The mediator’s job is to pick the right tool, or sometimes a combination of tools, to help you and the other party sort things out.

Facilitative Versus Evaluative Approaches

Think of facilitative mediation as the mediator guiding a conversation. They don’t take sides or offer opinions on who’s right or wrong. Instead, they ask questions, help you both communicate more clearly, and encourage you to come up with your own solutions. This is great when you want to maintain a relationship or when you both have a good idea of what you want but just need help talking it through. It really puts the power in your hands to decide the outcome.

On the other hand, evaluative mediation is a bit more directive. Here, the mediator might offer an opinion on the strengths and weaknesses of your case, perhaps drawing on their own experience or legal knowledge. This approach is often used when there are legal issues involved, like in business disputes or civil litigation, and parties want a reality check on their positions. The mediator might suggest possible settlement ranges or outcomes based on what might happen in court.

Transformative Mediation Principles

Transformative mediation takes a different path. Its main goal isn’t just to settle the dispute, but to actually change the way the parties interact and understand each other. The focus is on empowerment and recognition. Empowerment means helping each person feel more confident and capable in expressing themselves and making decisions. Recognition means helping each party see the other’s perspective, even if they don’t agree with it. This model is particularly useful when the relationship between the parties is ongoing and needs repair, like in family or long-term workplace conflicts.

Problem-Solving and Interest-Based Models

These two models often go hand-in-hand. The problem-solving approach is pretty straightforward: identify the issues, brainstorm options, and find practical solutions. It’s very outcome-focused. The interest-based model digs a little deeper. Instead of focusing on what people say they want (their positions), it looks at why they want it (their underlying interests and needs). For example, someone’s position might be "I want the fence moved," but their interest might be "I need privacy from my neighbor." By understanding these deeper interests, mediators can help parties find more creative and satisfying solutions that might not have been obvious at first.

Here’s a quick look at how they differ:

Model Type	Mediator’s Role	Focus	Best For
Facilitative	Guides communication, asks questions	Party-driven solutions, interests	Maintaining relationships, parties know what they want but need help talking
Evaluative	Offers opinions, reality-tests, provides feedback	Legal/practical assessment, settlement options	Legal disputes, commercial cases, parties seeking expert opinion
Transformative	Empowers parties, encourages recognition	Relationship improvement, communication	Ongoing relationships, family, workplace conflicts needing repair
Problem-Solving	Structures process, facilitates brainstorming	Identifying issues, practical solutions	Tangible problems needing clear answers
Interest-Based	Uncovers underlying needs and motivations	Underlying interests, creative solutions	Complex issues, finding win-win outcomes, exploring beyond stated demands

Choosing the right model, or a blend of models, really depends on what you’re trying to achieve and the nature of the conflict itself. A good mediator will be flexible and adapt their approach to fit your specific situation.

Sector-Specific Conflict Assessment

Different kinds of disputes need different approaches, right? It’s not a one-size-fits-all situation when you’re trying to sort things out. Think about it: a disagreement between family members is going to look and feel a lot different than a contract dispute between two big companies. So, when we’re assessing conflicts before mediation, we really need to pay attention to the specific area the conflict falls into.

Family and Relationship Disputes

When families or couples are in conflict, emotions are usually running high. We’re talking about things like divorce, child custody, or disagreements over elder care. The goal here isn’t just to settle the issue, but often to try and preserve relationships, especially when kids are involved. Mediators in these cases need to be really good at handling sensitive topics and understanding family dynamics. They often use approaches that focus on the well-being of everyone, particularly children. It’s about finding solutions that work long-term for the family unit, even if that unit is changing.

Key Areas: Divorce, child custody, co-parenting, inheritance, elder care.
Mediator Focus: Emotional support, child welfare, relationship preservation.
Common Challenges: High emotional intensity, complex family structures, power imbalances.

In family matters, the mediator’s role is often more about facilitating communication and emotional processing than just hammering out a deal. It’s about helping people find a way to move forward, often with ongoing responsibilities to each other.

Workplace and Organizational Conflicts

Conflicts in the workplace can really mess with productivity and morale. These can range from arguments between colleagues to issues with management, or even broader team problems. The aim here is usually to get things back to normal so people can work together effectively again. Mediators in this setting need to understand organizational structures and workplace policies. They help clarify roles, improve communication, and find ways for people to collaborate, even after a disagreement. Sometimes, it’s about preventing future issues too.

Common Scenarios: Interpersonal disputes, harassment claims, team dysfunction, performance issues.
Goals: Restore working relationships, improve communication, maintain productivity.
Considerations: Confidentiality, company policies, impact on team dynamics.

Commercial and Business Disputes

When businesses clash, it’s usually about contracts, partnerships, intellectual property, or financial disagreements. These disputes can get pretty complicated and involve significant amounts of money. The focus here is often on efficiency and finding practical solutions that minimize disruption to business operations. Mediators in commercial settings often have business or legal backgrounds. They help parties explore options, understand the legal and financial implications, and reach agreements that are often legally binding. Preserving business relationships and reputations is frequently a key objective.

Typical Issues: Contract breaches, partnership disagreements, intellectual property conflicts, financial disputes.
Mediator Skills: Business acumen, legal understanding, negotiation strategy.
Outcomes: Formal settlement agreements, often with legal enforceability.

Dispute Type	Common Issues
Contract Disputes	Breach of terms, non-performance, payment issues
Partnership Disputes	Dissolution, profit sharing, management conflicts
Intellectual Property	Infringement, licensing, ownership disputes
Construction Disputes	Delays, defects, payment, scope changes

Ethical Considerations In Conflict Assessment

When we’re looking at a conflict before mediation, there are some really important ethical things to keep in mind. It’s not just about figuring out what the problem is; it’s about doing it in a way that’s fair and respects everyone involved. Mediators have a professional duty to act ethically throughout the entire process, starting from the very first assessment.

Maintaining Confidentiality During Assessment

Think of confidentiality like a safe space. Whatever is shared during the initial assessment phase needs to stay private. This is super important because people need to feel comfortable opening up about sensitive issues without worrying that their words will be used against them later. There are, of course, limits to this. If someone talks about plans to harm themselves or others, or if there’s evidence of ongoing abuse, the mediator might have to break confidentiality, but these are specific situations and usually, the mediator will explain these limits upfront.

What’s Shared Stays Private: Information gathered during assessment is protected.
Building Trust: Confidentiality helps people feel safe to be open.
Limits Exist: Exceptions are made for safety and legal requirements, and these are usually disclosed.

Ensuring Informed Consent

Before anything really gets going, everyone needs to understand what they’re agreeing to. This means explaining what mediation is, what the mediator’s role is, and what the assessment process involves. It’s about making sure people aren’t just going along with something they don’t fully grasp. They need to know their rights, like the fact that they can stop the process at any time if they want to. This consent isn’t a one-time thing either; it should be an ongoing understanding.

Understanding the Process: Parties must know what mediation and assessment entail.
Mediator’s Role: Clarity on what the mediator will and won’t do.
Voluntary Participation: Consent must be freely given and can be withdrawn.

Upholding Impartiality and Neutrality

This is a big one for mediators. They can’t take sides. It doesn’t matter if they personally agree with one person more than the other, or if they have a history with one of the parties (which they should disclose if they do). Their job is to be a neutral guide, making sure everyone gets a fair chance to speak and be heard. This impartiality is key to building trust and making sure the process is seen as legitimate by everyone involved. It’s about balancing the conversation and making sure no one person or group dominates the discussion unfairly.

The goal is to create an environment where all parties feel respected and have an equal opportunity to present their case and needs. This requires constant awareness from the mediator to avoid even the appearance of bias.

Preparing For The Mediation Process

Clarifying Goals For Mediation

Before you even sit down with a mediator, it’s a good idea to think about what you actually want to get out of the mediation. What does a successful outcome look like for you? It’s not just about winning or getting your way; it’s about finding a solution that works. Think about your main concerns and what you hope to achieve. Sometimes, just writing these down can make them clearer. Having a clear idea of your goals helps you stay focused during the mediation. It also helps the mediator understand your priorities.

Gathering Necessary Documents

Mediation isn’t just talking; sometimes, you need to back up what you’re saying with facts. This means gathering any paperwork that’s relevant to the dispute. This could be anything from contracts and emails to financial records or previous agreements. Having these documents ready means you won’t be scrambling to find them later. It also shows the other party and the mediator that you’re serious about resolving the issue. It’s helpful to organize these documents beforehand so you can easily refer to them if needed.

Understanding The Mediation Process

It’s pretty common to feel a bit unsure about what mediation actually involves. It’s a structured process, but it’s not like going to court. The mediator is there to help you talk things through and find your own solutions. They don’t make decisions for you. Knowing the basic steps – like the opening statements, joint discussions, and maybe private meetings (caucuses) – can make you feel more comfortable. It’s all about communication and finding common ground.

The mediator’s job is to guide the conversation, not to judge or decide. Your role is to participate actively and be open to finding a resolution that works for everyone involved.

Here’s a quick look at what you might expect:

Initial Contact & Intake: This is where you explain the situation and the mediator checks if mediation is a good fit.
Agreement to Mediate: You’ll likely sign an agreement that covers things like confidentiality and the mediator’s role.
Opening Session: The mediator will explain the process and set some ground rules for how you’ll talk to each other.
Joint Discussions: You and the other party will have a chance to share your perspectives.
Private Sessions (Caucuses): The mediator might meet with each of you separately to explore things more deeply.
Negotiation & Agreement: This is where you work towards a solution, and if successful, you’ll write it down.

Being prepared for these stages can really make a difference in how smoothly the mediation goes.

Addressing High-Conflict Situations

Strategies for Managing Difficult Personalities

Dealing with folks who seem determined to keep a conflict going can be tough. Mediators often run into people who are really stuck in their ways, maybe even a bit aggressive. The key here is to stay calm and structured. Think about using shuttle mediation, where the mediator goes back and forth between rooms. This gives everyone some space and stops direct, heated exchanges. It’s also super important to set clear rules for how people talk to each other right from the start. If someone starts yelling or interrupting, the mediator needs to step in, maybe by saying something like, "Let’s make sure everyone gets a chance to speak without interruption." It’s about managing the energy in the room, not necessarily changing who people are.

Recognizing When Mediation May Not Be Appropriate

Sometimes, mediation just isn’t the right fit. If there’s a serious power imbalance, like one person is clearly being controlled or intimidated by another, mediation might not work safely. Also, if there’s been recent abuse or violence, pushing for mediation could actually put someone at risk. It’s a mediator’s job to screen for these situations. They might ask questions about safety and control early on. If it looks like mediation could make things worse or isn’t fair, the mediator should say so. It’s better to acknowledge when another process might be needed, like going to court or seeking protection.

Implementing Trauma-Informed Practices

When people have experienced trauma, it really affects how they show up in a conflict. They might be easily triggered, have trouble trusting, or feel overwhelmed. A trauma-informed approach means the mediator is aware of this. They’ll focus on making sure everyone feels safe and has a sense of control. This could mean explaining every step of the process very clearly, giving people choices about how they participate, and being patient. It’s about creating an environment where people can talk without feeling re-traumatized.

Here are some basic ideas:

Prioritize Safety: Ensure the physical and emotional safety of all participants is the top concern.
Offer Choice and Control: Give people options in how they engage with the process.
Build Trust: Be transparent, predictable, and consistent in your approach.
Empowerment: Help individuals feel heard and capable of making their own decisions.

It’s important to remember that mediation is a tool, and like any tool, it works best when used in the right situation. Recognizing the limits and adapting the approach is part of being a skilled mediator.

Wrapping Up: The Value of Assessment

So, we’ve talked a lot about why looking closely at a conflict before you even think about mediation is a good idea. It’s not about making things more complicated; it’s about making sure you’re heading into mediation with your eyes open. Knowing what you’re dealing with helps you pick the right mediator, understand the process better, and ultimately, get to a resolution that actually works for everyone involved. It’s like planning a trip – you wouldn’t just hop in the car without knowing where you’re going, right? Taking that time upfront really pays off down the road.

Frequently Asked Questions

What is conflict assessment before mediation?

Conflict assessment is like checking out a situation before you try to fix it. It’s about understanding who is involved, what the problem really is, and what everyone needs. This helps make sure mediation, which is a way to solve problems with a neutral helper, works better.

Why is understanding the people involved important?

Knowing who the people are, what they care about, and how they usually act helps the mediator. It’s like knowing if someone is shy or loud, or if they have a lot of power in the situation. This helps the mediator guide the conversation fairly.

What are ‘underlying interests and needs’?

This means looking beyond what someone is asking for (their position) to understand *why* they are asking for it (their needs and interests). For example, someone might demand a specific parking spot, but their real need might be for easy access to their building.

How does a mediator check for power differences?

Mediators look to see if one person has more influence, information, or resources than the other. They might use special ways to talk to each person privately to make sure everyone feels heard and can speak up safely.

What’s the difference between facilitative and evaluative mediation?

In facilitative mediation, the helper just guides the talk so people can find their own answers. In evaluative mediation, the helper might also give an opinion on the situation, like what a judge might think, to help people see the practical side.

Can mediation help with family problems?

Yes, absolutely! Mediation is often used for family issues like divorce, custody, or disagreements about caring for older relatives. It tries to help families talk things through respectfully, especially when kids are involved.

What does ‘confidentiality’ mean in mediation?

It means that what is said during mediation stays private. It’s like a secret club where you can talk openly without worrying that it will be used against you later, unless there’s a serious safety concern.

When might mediation NOT be a good idea?

Mediation works best when people are willing to talk and find solutions. It might not be the right choice if there’s a lot of abuse, one person is being forced to participate, or if someone isn’t able to make safe decisions on their own.