The answer is No. Litigation is a must for:
- Criminal cases, public safety matters and civil rights issues where the principle of law needs to be established.
- Cases where there is a clear breach of obligation.
- Cases involving violence, drugs, child abuse etc where the mediator himself may become culpable for not revealing information gained through the mediation process to the authorities.
- Cases where the disputing parties are not serious about the process or genuine intent and commitment is lacking.