Is It Too Early to Mediate This Dispute?

This is a question almost every lawyer asks themselves at some point.  I think the answer is more simple than complex.  By the time a lawsuit is filed (or about to be filed) the parties (and their lawyers) usually have a pretty good understanding of the facts and legal arguments that will be at issue.  Regardless of the complexity of a dispute early mediation offers significant benefits.

An early mediation offers several advantages because it will likely: Force the parties to make a serious early evaluation of their respective strengths and weaknesses.

•  Allow the parties to experience a realistic preview (albeit minimal compared to extended litigation and trial) of the emotional aspects of a legal dispute.
• Provide an opportunity to receive unbiased feedback from the mediator.

•  Allow for the possibility of significant cost savings by avoiding often unnecessary and repetitive discovery.

•  Encourage the identification of any of any specific documentary evidence or testimony that is truly needed for the ability to evaluate the dispute and possible settlement parameters.

In sum, aside from the possibility of settlement, early mediation provides many benefits. These include the likelihood of more productive discovery and risk evaluation that may very well set the stage for a further mediation that will result in resolution.