This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

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...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails