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While the majority of disputes resolve at mediation, there nonetheless remain those that hit an impasse. At times, the lack of success stems from individual issues unique to the matter at hand. Often, however, the failure to achieve resolution flows from more general causes which can be avoided if adequate thought is given to these potential pitfalls in advance of the session. The purpose of this article is to prospectively identify the leading reasons why mediations fail, rather than looking back on causes after the fact.

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