Checklist: Is Mediation Right for Your Dispute?

Before heading to court for a legal dispute, it’s worth researching whether mediation could resolve your issue faster, more affordably, and with less stress. Mediation isn't about “giving in,” but about having more control over the outcome, preserving relationships, and avoiding the time and cost of litigation.

If you have never been in a mediation before, try using this quick checklist to evaluate whether you will find mediation satisfying. Of course, these are very general guidelines, and consulting with your attorney about the specifics of your situation is the best course. Until then, however, consider:

How Quickly You Want the Dispute to Resolve

• You prefer a faster resolution (in weeks/months, not years).

• You want to avoid the stress and cost of court.

Communication & Relationships

• You want to preserve a personal or professional relationship.

• You’re open to talking things through even if both parties currently disagree.

• You’re looking for an apology, understanding, or acknowledgment, not just money.

Privacy & Control

• You don’t want your dispute to become part of the public record.

• You’d prefer to control the outcome, not leave it to a judge or jury.

• You're open to creative solutions that litigation might not offer.

Practical Considerations

• You want to reduce legal fees and avoid multiple court appearances.

• You’d like a neutral third party to help move things forward.

• You value resolution over “winning.”

If you said yes to four or more points, mediation is likely a smart first step.

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Author: Diana Maier, Partner. Diana is a Spanish-speaking mediator and workplace investigator, as well as a seasoned employment lawyer. Diana’s specialty is resolving employment and business dispute litigation, as well as interpersonal conflict in the workplace.