Even if it's just to work out some of the issues between the parties, mediation is very helpful and almost always a good idea. However, there are some circumstances in which mediation is either impossible, inappropriate, or unlikely to be successful, at least temporarily. 

Sometimes mediation is still a possibility, but for several reasons, it may not be advisable or very effective at an early stage. Sometimes it is a matter of one party refusing to participate in mediation until ordered to do so, or otherwise until something changes to incentivize them—an unfortunate but not uncommon occurrence. In that situation, it is important to be wise about where and how legal costs are being spent to keep costs down in the event there is no real resolution. Other times, there genuinely needs to be some discovery before the parties can feel good about any settlement proposals. This is especially true when dealing with insurance companies. More often than not, if they see credible evidence that weighs pretty heavily against them, they will be willing to settle, but very rarely are there any serious offers before that point. It is not advisable to go into mediation if you are not fully prepared. 

What does preparation look like? Finding all relevant documents that both help and hurt your case in the form of contracts, emails, texts, records, photographs, and other tangible or electronic evidence, such as videos, physical evidence, etc. They may belong to you or another person/entity, hopefully not the other party, as you may have to formally request those things from them. Knowing as much as you can about your true position is key to helping determine what a reasonable settlement is for you. 

There are other situations where mediation is not possible, usually for ethical or legal reasons that cause the mediator to not participate. This usually has to do with either the mediator’s relationship with one or more of the parties or with an entity involved in the dispute. In the legal community, it is referred to as a “conflict” or “conflict of interest,” and the mediator would notify the parties and excuse themselves from taking on the case. Another notable scenario is in family law, where there is a question of child endangerment. In that scenario, the mediator can address other aspects of the divorce agreement but not issues of child custody, as those will most likely be decided by a judge. It’s an unfortunate situation that mediators don’t like to see but can’t help with. 

It is important to focus on the things you can control in preparation for mediation and take every opportunity to get to know your situation better. It can help you make settlement more enticing for resistant parties and help you understand what you would be wise to consider as settlement options yourself. At times, it requires waiting and patience, but hopefully, you’ll get the opportunity and make the most of it to reach a reasonable resolution!