When to use mediation

Mediation may be used effectively at any time during a dispute, or even to prevent conflict. Shortly after a dispute emerges, a mediation process can assist the disputants in stating their viewpoints and feelings, which can help to keep them from becoming entrenched and keep the conflict from intensifying. Later, at the point when a dispute seems all-consuming and may have escalated to the point of blocking productivity or progress on other fronts, a mediator can create a calmer setting in which parties offer their positions, discuss their points of view, make proposals and weigh options. What takes place at mediation may differ according to its timing, but the mediation process is adaptable to any stage of conflict.

As an alternative to a formal agency process or adjudication, mediation can be used before an agency action or adjudicatory proceeding has been commenced, or up to the point of final action.

It should be noted that mediation is not suited to all disputes, however. (See “cautions”.)