When Settlement is Dying in the Room: Seven Mediation Killers and How to Disarm Them
When Settlement is Dying in the Room: Seven Mediation Killers and How to Disarm Them
While settlement is the goal at mediation, mediations do fail for a variety of reasons. After participating in countless mediations (both as a trial lawyer for thirty-five+ years, and now as the mediator for the last two), I have found that understanding why mediations fail can make you a better advocate for your clients — and enhance your chance of settlement. Originally published in Texas Lawyer - March 2026.... By: Miles Mediation & Arbitration