In a recent post, I discussed team building as essential to carrying out many mediated agreements. But sometimes it’s not in the cards. Simply, the parties haven’t reached the point (or may never reach the point) where they can sit down at the same table physically or via Skype or Facetime and hammer out an agreement. The toxicity may be too high. Distrust astronomical. Positions entrenched. Or one party may be so certain of a favorable judicial ruling that she outright dismisses any interest in mediation. What to do?