Updated January 2023
In recent years, there's been a major shift away from traditional litigation toward alternative dispute resolution (ADR) techniques such as mediation.
Mediation is generally less costly, stressful, and time-consuming than litigation—and offers a much higher degree of flexibility and personalization for clients.
However, in order to be effective, mediation must be a carefully structured, expertly led exercise. Lose control of the process, and negotiations will quickly devolve into chaos.
Formal mediation training teaches aspiring mediators a wide range of techniques they can use to resolve disputes. But even the most successful students and professional mediators occasionally fall into traps.
From losing neutrality to failing to contain and redirect destructive behaviours—these are five of the most common pitfalls you'll face as a mediator.