A previous post on this topic listed several actions by parties and counsel that can derail even the most straightforward mediation. This post continues that list.

Allowing someone with a separate agenda to influence the client’s decisions: Plaintiff does not speak English. Her bilingual boyfriend attends mediation, obstenibly to translate. However, he has an agenda, which includes controlling the plaintiff’s decisions. He consistently undermines the advice of the counsel and prevents direct communication between plaintiff and the mediator. The plaintiff has lost the opportunity for a meaningful discussion with the neutral. She has lost the ability to participate in the process, and her pre-conceived notions—and those of her boyfriend—remain obstacles to settlement. The only people attending mediation should be those necessary to advance the process.

Originally published in Law.com on February 16, 2015.