Mediation has been used to resolve almost every type of dispute, from disputes between family members, business partners, employees, businesses, church members, to multi-million dollar lawsuits.

Mediation is appropriate for any type of dispute if the parties are willing to sit down and talk with each other, and they are open to trying to resolve the conflict, and are willing to negotiate in good faith.

Mediation is Appropriate When:
  • The parties desire to preserve an ongoing and interdependent relationship
  • The parties have been in a relationship and want to end it in a way that minimizes emotional or economic costs
  • There is a need for a creative solution that is not limited to a mere money damage award
  • The parties desire to minimize the costs
  • The parties need a relatively quick resolution to the dispute
  • The parties are interested in having control over the outcome
  • The parties desire confidentiality of the issues involved
  • The parties do not want to set a legal precedent
Mediation is based on the assumption that the parties are able and willing to communicate with each other and to negotiate in good faith.

To be effective, the participants, (both individuals or representatives of groups), must be able to:

  •  Communicate face to face with the other party without being afraid. Disputes involving a history of abuse, physical or psychological, often are not appropriate for mediation.
  •  Identify their interests and concerns, and be able to communicate them to the other party. Parties may be too upset or angry to effectively communicate their needs to the other party. Language barriers may also interfere with the ability to communicate with the other party.
  •  Listen to the concerns and interests of the other party. Parties may be so angry or upset or so convinced of their position that they will not listen to the other party.
  •  Control their actions and behaviors sufficiently to follow ground rules and conduct the mediation in a courteous manner. Parties under the influence of alcohol or drugs generally will not have sufficient control of their behavior to participate effectively in mediation.
  •  Control their actions and behaviors sufficiently to follow through on any agreement reached in mediation.

Decisions about appropriateness of a case for mediation are typically made on a case-by-case basis

Types of Disputes Suitable for Mediation

Mediation can and has been used to handle disputes arising from many different situations. Typical categories of disputes in which mediation is suitable are:

Family Mediation
People negotiating a divorce.
Divorced parents having problems with custody, visitation, or support payments.
Family members having conflicts over family business issues, estate distribution, or medical care or support services for elderly or terminally ill relatives.

 Employer/Employee
Personality conflicts among employees.
Complaints about unfair or unequal treatment, wages and working conditions. 
Other types of grievances.

 Commercial Issues
Contracts.
 Merchandise that does not work.
Services not rendered or not rendered properly.
Payments not made or made late.
Repairs being more costly than anticipated.
Partnership or other business disputes over ownership, or how the business is to be run or dissolved.

 Landlord/Tenant
Disagreements about the upkeep of the apartment or house.
Conflicts over unwanted entries, noise levels, parking spaces.
Issues concerning eviction notices or security deposits. 

 Real Estate
Disputes involving contracts for the sale or purchase of property.
Issues about earnest money, undisclosed defects and title issues.
Leases.
Contracts to build improvements.
Broker disputes between brokers or a broker and his client.


JERRY KING LAW OFFICES
P. O. Box 160396
San Antonio, TX  78280
(210) 497-8046