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What Types of Disputes Can Be Mediated?

You can mediate most kinds of civil (noncriminal) disputes that would otherwise go to court or arbitration. Disagreements over contracts, leases, small business ownership, employment, and divorce are all good candidates for mediation.

Unmarried partners who are separating and need to divide their house and property, two small businesses squab­bling over customer lists, or neighbors fighting over who will maintain a common fence are just a few examples of people who could use media­tion to resolve their problems. Other types of disputes often settled through mediation include:

• consumer vs. merchant

• landlord vs. tenant

• neighbor vs. neighbor

• spouse vs. spouse

• employee vs. employer

• homeowner vs. contractor, and

• business partner vs. business partner.

Mediation is not just for problems that could otherwise be brought to court. Many kinds of interpersonal disputes can be mediated, even if neither party has legal grounds to sue the other. For example, siblings who can’t come to an agreement on who should care for an aging parent, roommates arguing over who is responsible for household maintenance, or coworkers who just can’t seem to get along with each other could all use mediation to work things out, even if they have no legal claims.

You can even mediate some nonviolent criminal matters, such as verbal harassment or destruction of property.

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Source: Lovenheim P., Guerin L. Mediate, Don't Litigate: Strategies for Successful Mediation. Nolo,2004. - 411 pp.. 2004

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