Disadvantages of Mediation & Conciliation

Question 1

What are the disadvantages of mediation and conciliation?

Answer 1

• No guarantee of resolution.
• Requires a skilled mediator/conciliator.
• Settlement amounts are lower than alternatives.

Question 2

Why is there no guarantee of resolution when using mediation and conciliation?

Answer 2

• If there’s no resolution then it’s necessary to go to court.
• There’s also additional costs and delay to resolution.

Question 3

Why is having a skilled mediator/conciliator required?

Answer 3

• Mediation and Conciliation can become a bullying exercise in ehivh the weaker party may be forced into settlement.
• More likely in conciliation, where the conciliator plays an active role in suggesting grounds for settlement.