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According to Kathie, there are two overarching reasons why cases fail to settle: structural and institutional. Circumstances beyond either party?s control that subsequently prevent settlement are considered structural. On the other hand, institutional barriers are mental obstacles to agreement held by any or all the involved parties. Single-minded individuals whose egos overtake rational thinking are prone to creating this type of barrier.

While lawyers obviously cannot address structural barriers, institutional ones are not impossible for them to overcome.

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Some other types of institutional barriers include:

* Reactive devaluation ? Believing that when something is unavailable, it is more valuable;
* Construal bias ? Perceiving one?s beliefs as objective reality, thus negating the beliefs of others;
* Equity seeking ? Viewing one?s side as just and the opponent?s side as wrong, rather than seeing conflict as a result of mutual disagreement.

As with other barriers, resolutions include helping clients to understand and acknowledge their bias, asking them outright to discuss the weaknesses in their case, and finally, asking them to play the role of judge, as an objective party, are very effective. In doing so, clients concentrate on the weak aspects of their argument that may undermine their position rather than emphasize it.