* Active participation in a mediation process brings to light facts and data pertinent to you and further reveals your positions and willingness to such and other compromises proposed in the mediation.
* Sometimes the counter party has initiated the mediation or has agreed to the process with a view to dragging out the process or with a view to extracting information from the meetings and the conversations.
* Sometimes there is an imbalance between the participants in the mediation process – either in terms of information or capabilities. A significant lack of balance is liable to adversely affect the “weak” party (which situation the mediator has to identify and respond to within the framework of the tools available to him as a mediator, or discontinue the mediation).
* Some believe that your very willingness to turn to mediation (voluntarily) is likely to be interpreted by the counter party as a willingness to compromise or even as a weakness, as compared with a firm message aimed at a legal proceeding only.
* Mediation requires cooperation and a certain level of communication, in the absence of which mediation cannot take place.
* Mediation is not suitable for each and every case.