#18
Complaints & RecourseMedium Risk
In mediation, only you are being pressured to make concessions
Biased Mediation
Why It's Dangerous
Mediation should be a process of negotiation between both sides. If the mediator only pushes you to lower your demands and make concessions while the other side faces no pressure at all, the mediation may not be fair. A failed mediation doesn't mean you've lost — litigation remains an option.
Typical Scenario
During a mediation session, the mediator repeatedly pressured the client to lower their compensation demands while downplaying the lawyer's misconduct. The client was pressured toward an unfavorable settlement but ultimately refused and continued pursuing the matter through legal channels.
* This scenario is illustrative, based on common patterns observed in legal disputes.
What To Do
1
Know your bottom line clearly and don't make concessions under pressure2
A failed mediation doesn't mean you've lost — it's simply one method of resolution3
Statements made during mediation generally do not affect subsequent litigation4
If the mediator is clearly biased toward the other side, you can decline mediationHave you experienced this?