I find the old adage “where there’s a will, there’s a way” applies generally in life and, in particular, in mediations. Indeed, I have yet to find a situation where two parties acting in good faith and wanting to reach a deal could not do so. With respect to mediations, I would even venture to say that, when one doesn’t lead to a settlement, it is because of one or both parties’ state of mind and seldom due to the subject matter of the dispute itself. And thus, the truly complex and challenging mediations will often revolve around parties who, for one reason or another, are ill-equipped to settle.

In this article, I highlight some of the party-related challenges we generally encounter as mediators and share insights on how to address them. To do so, I have enlisted the help of four of my colleagues who bring a wealth of mediation and general dispute resolution experience to the table: Alfred Feliu, who mediates domestic commercial and employment cases, with most being in the employment setting; Deborah Hylton, whose mediation practice focuses on business disputes, whether between two organizations or an organization and some of its constituents; John Siffert, who mediates commercial matters and is currently the Special Master and Court Appointed Mediator for a Title VII case where he is tasked with determining the backpay and pension for nearly 5,000 class members; and Janice Sperow, who mediates international and domestic commercial disputes, as well as domestic and California Private Attorneys General Act disputes and mass claims.