The Top Ten Most Common Frustrations Of Mediation

For most litigants, mediation has become their day in court. It's a big deal! This article explores the top ten most common frustrations associated with mediation and tips on how to avoid them.

1. "We are not scheduling mediation until x happens!"

At times, a plaintiff may be hesitant to schedule mediation in a personal injury action until treatment is completed, or in a commercial case until the damages are fully ascertained. The defendant may not want to schedule mediation until a plaintiff produces particular documents or responds to certain discovery requests. Communication is key. Sometimes things get lost in translation with e-mails flying back and forth. Last I checked, phones still work. Picking up the phone and talking with the other side will help both sides communicate clearly regarding what is needed to properly prepare for mediation and when would be the best time for mediation to be set.