Most Common Obstacles to a Successful Mediation

The three most common pitfalls or obstacles to a successful mediation are:

1) Inadequate preparation (most often insufficient exchange of information), leading to the mediation being "premature";

2) Lack of settlement authority (frequently because of # 1, which can lead to an "undervaluing" of the claim by the insurer; or, due to the non-attendance of a necessary party);

3) Incivility at the mediation (almost always by counsel).

And, ironically, they are the easiest problems to fix. Ensure that:

1) There has been a "fulsome" exhange of information before the mediation;

2) All necessary parties attend the mediation, with authority based on a "fair" (not best-case) assessment of the claim;

3) Counsel leave the "histrionics" and "hyperbole" at their offices. Be "professional"!