Brian Dawson provides some handy hints on how to unsettle a mediation...
A well-known and very well respected mediator called David Ritchbell, wrote an article in 2005 called “The subversive lawyer’s guide to mediation”. He in turn gave credit to an earlier article by Jeff Kichaven for his article “Six ways to sabotage a mediation”. The basic thrust of the article was that, with notable exceptions, most lawyers failed to make the best of the opportunity provided by mediation while some committed a number of professional fouls to try to prevent success. I have had the pleasure of working with some of those notable exceptions as a mediator, but it does seem to me that things haven’t changed much between then and now. So, for anyone who is interested, here are some of the tips on “How to unsettle a mediation” that I have picked up from previous articles and personal experience.
Resisting mediation
When mediation is first proposed, I suggest you say that your client’s case is too strong and there is therefore no reason to mediate. Do not let the
