Five Reasons Mediations Fail – How to Avoid Them
Dr Karl Mackie looks at why mediations often fail due to five key factors: inadequate preparation, the wrong negotiation team, clients blind to litigation risks, overconfident advisers, and tactical or strategic misuses of the process. However, even when a settlement isn’t reached on the day, mediation frequently delivers value by clarifying positions, exposing risks, and laying the groundwork for future resolution, making the notion of “failure” often misleading.