Originally from Alternatives to the High Cost of Litigation

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I have a theory about why some mediations fail—an overly simplistic view, perhaps, but one that I’ve developed through years of personal experience.

Obviously, there are numerous possible reasons for failure. Here, for instance, is a summary compilation by one commentator as to a variety of causes:

• The participants’ lack of understanding of the mediation process (as distinct from what’s involved in litigation and arbitration).

• A communication failure between lawyer and client, creating unrealistic expectations.

• The absence of the key decisionmaker.

• A wrong client representative in the room.

• A case that’s not suitable for mediation.