Backwards moves are counterproductive and can be justified only by a dramatic and unforeseen change in information or circumstances. When a party has made an offer at mediation and then move backwards, the prospects for a settlement are diminished. At mediation, sometimes a party will withdraw an offer made prior to the mediation because it has incurred additional attorneys’ fees and costs, but this justification will usually apply equally to both sides. Recognize and accept that you can’t put the toothpaste back in the tube. Don’t move backwards.
Francis Carter
