Mediation doesn’t just turn on contracts, case law, or the strength of your facts. Just like “dark matter” shapes the universe without being seen, unseen forces often shape the outcome of settlement talks.
After years of helping clients resolve disputes, one thing is clear: if a party’s position seems illogical based on the visible merits, you’re probably missing the hidden drivers—cash flow pressures, business timing, or internal politics—all of which can quietly dictate when and how a case gets resolved.
These invisible factors often matter more than anything on paper. Consider:
- A defendant may want to settle—but can’t move until year-end numbers are locked in or cash flow improves.
- A pending merger, refinancing, or related litigation could make early settlement impossible—or urgent.
- A decision-maker may have the title, but not the authority or objectivity needed to close the deal.
- The parties’ business relationship (or lack of one) can influence whether resolution is possible now—or ever.
- Timing isn’t just a detail; it’s often the biggest force at play in mediation strategy.
Want to improve your odds in mediation? Learn not just your client’s business—but your opponent’s. And bring in a mediator who can help surface the hidden pressures that really move the needle.
Read the full article for a closer look at how to spot—and navigate—the “dark matter” that shapes dispute resolution.