The Disadvantages of Mediation One of the major disadvantages of using a mediation approach may be that it could actually perpetuate systemic problems by reducing pressure to change the current systemic problems. Mediation is not the process of choice when there are hard-core unreasonable adversaries. The approach will fail when there is no real commitment or ability to resolve the conflict, or when one or more of the parties is sociopathic. Some clients are incapable of respecting their own or other's interests. When mediation fails to reach an acceptable solution, a further alternative to litigation is arbitration.
Arbitration can accommodate small and large reasonable claims.
The forum is based on the freedom to contract, requires mutual agreement, and improves the quality of decision making. The model is not a method of compromise but rather a means of dispute resolution that can address issues of error, omission, negligence, and can decrease the filing of frivolous cases. The data suggests that arbitration is affordable, is an appropriate alternative to litigation, and avoids court bottlenecks. The process can be convenient to all parties, is cost effective, and can make creative awards considering individual circumstances. The decisions and amounts are similar to litigation, provide equity and a fair method of resolution.