Minnesota Mediation Attorney, James Gilbert, discusses the cases that aren’t suited for mediation.
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I think every case is suited for mediation and resolution. Sometimes where there’s a constitutional question involved or an important statutory interpretation, some parities will just take it as a matter of cause that they don’t really want to resolve, they really want an answer from an appellate court about the statute if you will or maybe even some constitutional questions.
And sometimes there’s some borders for protection too, where people have actually been engaged in physical violence and threats and things like that. And in those cases you have to be really careful. You have to keep people separate. And they still have to go through mediation, but a mediator has special responsibilities to make sure that when we do that we have two floors in our mediation center. I keep ‘em on separate floors. But even those cases have to go to mediation.