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Saving A Sinking Mediation

How can you save a failing mediation? You can take one or several steps:


  • Re-evaluate the objectives of both parties: Make sure that the goals of both parties are still relevant and that they are still willing to participate in the mediation.

  • Identify the obstacles: Identify what is causing the mediation to fail and what can be done to overcome these obstacles.

  • Encourage open communication: Encourage both parties to openly communicate their concerns, fears, and needs.

  • Find common ground: Find common ground between both parties and work to build a solution around those shared interests.

  • Get creative: Consider alternative dispute resolution methods such as brainstorming sessions, role-playing, or mini-mediations to help both parties come to a resolution.

  • Bring in a neutral third-party mediator: If the parties are unable to find a resolution, consider bringing in a neutral third-party mediator to help facilitate the process.

  • Seek outside help: If necessary, seek outside help from legal counsel, subject matter experts, or other sources to help find a resolution.


All parties wish to come to a successful resolution to their differences. Occasionally, you may need a little extra push or creativity to help get past a hump - but you'll get there.


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