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*Attorney; Lecturer in Law, Barcelona School of Management (Universitat Pompeu Fabra) as of February 2018.

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It can inspire all lawyers to adopt a stronger, more effective, and more personal approach to clients.This article represents, to the best of Read more By Amrita Narine* In recent years, mediation has become increasingly popular and now represents a viable option for parties in a variety of scenarios.Despite its rising popularity, mediation has received mixed responses because of the potential to entrench preexisting power imbalances.These internal “behind-the-table” conflicts blocked an “across-the-table” agreement, leading to a deadlock in negotiations. This article hopes to contribute to the academic conversation around the barriers to progress in high-stake negotiations, and it suggests that the failure to negotiate an independence referendum for Catalonia reveals the limits of unilateral action in the context of a supranational region like the European Union, the dynamics in negotiations where there is a sharp power imbalance between the parties, the tensions between democratic legitimacy and the rule of law, and the risks of path dependency for negotiated agreements.

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