Alternative Dispute Resolution
Feb. 11, 2012
Why cases don’t settle at mediation
Understanding why cases don't settle can help a mediator find the right solutions.
Robert S. Mann
Neutral
ADR Services, Inc.
Email: rmann@adrservices.com
Robert mediates and arbitrates business, real estate and construction disputes.
Like most mediators, when a case does not settle, I experience a range of emotions - disappointment, frustration, self-doubt, existential angst and often merely plain old confusion. I ask myself what I could have done differently, or better, or whether I missed that certain "something" that would have changed the course of the mediation so that everyone could have left with smiles all around and a signed settlement agreement. Sometimes I also have to recognize that not every case can settl...
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