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Reasons not to mediate and employment claim

5/9/2023

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Mediation isn’t for everyone, nor for every case. There are some very good reasons why you shouldn’t mediate. Here’s a few:

1.           You are 100% guaranteed to win.
2.           Your client is completely broke.
3.           You have no idea what mediation is.
4.         You think you can make more money from seeing the case through.
5.           You are a fish.


There is one reason that is not on the list, namely that you judge settlement to be impossible because of some artificial reason you just constructed, such as, but not necessarily limited to, your opponent is an arse, your client is too angry, the issues are too complex, or that oft cited platitude: you’re “too far apart”.


That is not a good reason to avoid mediation, but, if you genuinely fall in categories 1 – 5 above, please do not click on the link below. Mediation is not for you. 



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    James Hazel

    Employment and business relations consultant. Non-Practicing Solicitor. CEDR Accredited Mediator. Author. 

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