The process focuses on problem solving, clarifying positions, identifying and considering the valid interests of all concerned and affected parties. Mediation reduces anger and hostility by encouraging direct goal directed communication between the parties. 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.