Uncooperative Mediations in RI

Not every mediation in Rhode Island involves two willing participants sitting calmly across a table, ready to compromise. Sometimes one or both parties are angry, defensive, or outright combative. Whatever the reason, uncooperative mediations in Rhode Island present unique challenges… but they’re not impossible.

With the right mediator, the right approach, and realistic expectations, even the most difficult situations can move toward resolution.

Attorney and licensed mediator Susan T. Perkins has spent over 20 years navigating high-conflict situations in Rhode Island courts and mediation rooms. She understands that uncooperative behavior is often a symptom of fear, anger, or desperation. And she knows how to work with it, not against it, to help parties find a path forward—even when they’d rather be anywhere else.

What Are Uncooperative Mediations in Rhode Island?

Uncooperative mediations in Rhode Island are mediation processes where one or both parties are resistant, combative, or unwilling to engage constructively. Unlike amicable mediations, where both sides come to the table ready to listen and compromise, uncooperative mediations involve participants who may be hostile, evasive, or actively working against resolution.

Uncooperative behavior in mediation can take many forms. One party might refuse to communicate directly with the other, speaking only through the mediator or their attorney. Others use intimidation tactics—raising their voice, making threats, or attempting to dominate the conversation.

There are also cases where someone is using mediation purely as a delay tactic, showing up but having no real intention of negotiating in good faith.

Uncooperative mediations in RI are more common than people think. They’re especially prevalent in high-conflict divorces where years of resentment have built up, business partnerships ending with accusations of betrayal or financial misconduct, landlord-tenant disputes with a history of problems and broken trust, and family estate disputes where old grievances resurface with devastating force.

These situations are messy, painful, and often feel insurmountable.

But “uncooperative” doesn’t mean mediation is impossible. It means the mediation requires different techniques, stronger boundaries, and a mediator who knows how to handle difficult personalities and high-stakes emotions. That’s where specialized experience makes all the difference.

Types of Disputes That Often Involve Uncooperative Behavior

Certain types of conflicts are more likely to involve uncooperative parties, though any dispute can become difficult under the right (or wrong) circumstances. Recognizing these patterns helps set realistic expectations and prepare for the challenges ahead.

High-Conflict Family Disputes

One recurring example would be contentious custody battles where each parent believes the other is unfit, inevitably bringing out fierce protective instincts and deep-seated anger. Sibling inheritance fights that resurrect decades-old resentments over perceived favoritism or past wrongs are also all too common.

Toxic Business Dissolutions

These scenarios create their own special brand of uncooperative behavior. When partnerships end with accusations of financial misconduct, embezzlement, or breach of fiduciary duty, trust is completely destroyed.

Contentious Property Matters

These disagreements often involve years of built-up resentment. Landlord-tenant situations that have reached the point of eviction threats mean both sides are already in battle mode. Neighbor disputes over boundaries, noise, or property use can escalate over months or years, ultimately causing entrenched positions and personal animosity.

Emotionally Charged Civil Matters

These bring additional complications. Personal injury cases with disputed liability, consumer disputes where someone feels defrauded, and service provider conflicts with accusations of negligence put both money and reputation at stake, making parties defensive and combative.

Many uncooperative mediations in Rhode Island involve disputes where parties have already tried other resolution methods first—direct negotiation failed, attorney demand letters were ignored, or previous mediation attempts broke down.

By the time they reach Susan’s mediation room, positions are entrenched, anger has solidified, and both sides may be convinced that the other person will never be reasonable. Professional mediation becomes the last, best hope before expensive and emotionally devastating litigation.

How Uncooperative Mediations in Rhode Island Work

Uncooperative mediations in RI require a specialized approach that differs significantly from standard mediation. Here’s what you can expect when you work with Susan T. Perkins on a high-conflict dispute:

1. Initial Consultation

Your case starts with a free 60-minute consultation where Susan assesses your specific situation. She’ll listen to your side of the dispute, evaluate the uncooperative behavior you’re facing, and determine whether mediation is appropriate or if another approach would serve you better. This consultation is also your opportunity to ask questions, understand how the process works, and decide whether Susan’s approach feels right for your situation.

2. Preparation and Safety Planning

Before mediation sessions begin, Susan works with both parties to gather necessary documents and information while establishing critical ground rules and safety protocols. In uncooperative mediations, this preparation phase is especially important. Susan may meet with each party individually to better understand their concerns, fears, and goals without the pressure of the other party being present.

3. Structured Mediation Sessions

The mediation itself takes place in a carefully controlled environment designed to minimize conflict and maximize productivity. Unlike amicable mediations, where parties may spend significant time in joint sessions, uncooperative mediations in Rhode Island often rely heavily on separate caucuses—Susan meets with each party individually, going back and forth to facilitate negotiation without forcing hostile face-to-face interaction.

When joint sessions do occur, Susan maintains firm control over the process by redirecting hostile communication, enforcing ground rules, and calling breaks when emotions escalate.

4. Agreement Documentation or Assessment

If the parties reach a full or partial agreement, Susan documents the terms in a Memorandum of Understanding that clearly outlines what has been decided. This document can be reviewed by attorneys or submitted to the Rhode Island courts if necessary. Even partial agreements have significant value, as they narrow the issues that need to be resolved through other means.

If mediation doesn’t result in agreement, Susan helps both parties understand their next steps—whether that means trying again later when circumstances have changed, pursuing litigation with a clearer understanding of the issues, or exploring alternative dispute resolution methods like arbitration.

5. Follow-Up and Modifications

In some cases, follow-up sessions are necessary to address implementation issues or to modify agreements when circumstances change. Susan remains available to help parties navigate these adjustments, ensuring that agreements reached during difficult mediations continue to work in real life.

Benefits of Choosing Uncooperative Mediation Over Litigation

Even when conflict is high and cooperation seems impossible, mediation offers significant advantages over taking your dispute to court. Here’s why many Rhode Islanders choose to attempt uncooperative mediations in Rhode Island before resorting to litigation:

Specialized conflict management – Skilled mediators can de-escalate conflict using proven techniques and create opportunities for resolution that wouldn’t exist in litigation.
Control over the process and outcome – Even in uncooperative mediations, you maintain far more control than you would in court, where a judge who doesn’t know your situation makes all final decisions based on limited information.
Privacy and confidentiality – Court proceedings are public record, but mediation communications are protected under RI General Law § 9-19-44, which keeps these matters private.
Flexibility for creative solutions – Courts can only order certain remedies, but mediation allows for customized agreements like payment plans, shared use schedules, or business transition strategies a judge couldn’t impose.
Significantly lower cost – While uncooperative mediations may require more sessions than amicable ones, they still cost a fraction of what you’d spend on litigation.
Faster resolution – Most uncooperative mediations resolve in weeks or months rather than the year or more that contested court cases typically require.

Deciding if Uncooperative Mediation is Right for Your Rhode Island Dispute

Not every high-conflict situation is appropriate for mediation, but many more are viable than people initially believe. You’re likely a good candidate for uncooperative mediation if:

Both parties ultimately want to avoid court because they respect the fact that litigation will be more expensive, time-consuming, and emotionally devastating.
There’s something to negotiate rather than a simple win/lose scenario, meaning multiple potential outcomes exist, and creative solutions are possible.
Communication is possible with mediator facilitation, even if direct communication between parties consistently fails or escalates into hostility.
Safety can be ensured through proper protocols like separate sessions, virtual participation, staggered arrival times, or having attorneys present.
The dispute involves issues where preserving some relationship matters, such as co-parenting, ongoing business interactions, or family connections that will continue.
Rhode Island courts have recommended or ordered mediation, which suggests that judicial officers believe the case might benefit from the process.
At least one party is willing to engage in good faith, even if the other party’s cooperation is uncertain or inconsistent.

You should seriously reconsider uncooperative mediation if:

Active domestic violence or ongoing safety threats exist that cannot be adequately managed through mediation protocols.
One party is subject to severe coercion or duress that would prevent free negotiation or meaningful consent to any agreement.
A party is experiencing a severe mental health crisis that prevents rational participation or understanding of the process.
Someone is using mediation purely as a delay tactic with absolutely no intent to negotiate, and continuing just enables their manipulation.
Power imbalance is so extreme that fair negotiation is genuinely impossible despite all reasonable accommodations and mediator intervention.
Immediate court intervention is necessary for emergency custody, restraining orders, or protection from imminent harm where time doesn’t allow for mediation.
A party lacks the legal or mental capacity to understand what they’re agreeing to or to provide meaningful informed consent.

It’s important to note that even when some of these concerns exist, specialized approaches might make mediation viable.

Trauma-informed techniques, completely separate sessions with no face-to-face contact, increased security measures, or involving appropriate advocates can sometimes address issues that would otherwise make mediation impossible.