- Too early in the process due to insufficient information, reports or discovery
- Lack of full settlement authority
- Not sending the best client representative or client not attending
- Client’s expectations do not match reality of the case outcome
- Quitting too soon when negotiations get tough
- Someone engages in personal attacks
- Opposite interpretations of a key point of law
- No detailed, logical damages assessment provided to the Defendant(s)
- Scheduling a mediation on a mistaken assumption parties are in common settlement zone
- Late delivery of critical information just before the mediation
