When a hidden impediment surfaces mid-mediation, negotiations can quickly stall; you can avoid that outcome by confidentially alerting your mediator to foreseeable obstacles before the session begins.
You agreed to mediate the case, selected an experienced mediator, submitted and exchanged mediation statements, and started the day with a demand from the plaintiff. Early negotiations led to cautious optimism. But negotiations have stalled, both sides getting frustrated with the other’s moves. And then the reason things have slowed becomes apparent. Surprising both the mediator and the other participants, one party reveals for the first time a significant impediment to settlement. You can avoid this kind of mid-mediation curveball by signaling to your mediator, in advance, that it is coming.
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