First, let me say some mediations do fail. These are mediations were never going to result in agreement, resolution, or even a better understanding by the parties of their dispute. This might be for several reasons, but the commonest are that the mediator wasn't skilled and didn't do the job properly, and that the parties just weren't playing. But there's another outcome that is referred to as "failed" that is no such thing.  This is the mediation (and I'm talking specifically civil and commercial here) that is set down for a [...]