Because a party can never be forced to settle, courts struggle with what constitutes “bad faith” in mediation. In Lea v. PNC Bank, No. 15-776 (W.D. Pa. 2016), after the court ordered mediation, Defendant’s counsel told Plaintiff’s counsel that the mediation would be more productive if Plaintiff made a demand before the session. Plaintiff complied,… Continue reading Another Look At What Constitutes Bad Faith In Mediation