When is the right time to mediate your dispute?
Timing is everything and choosing a mediation date that will allow for the greatest opportunity for successful mediation is the key to deciding the right time to mediate your dispute.
Timing is everything – Choose your mediation date wisely
Timing is crucial when choosing your mediation date. Prematurely scheduling mediation can lead to frustration in lack of knowledge and preparation, resulting in a waste of time and money. Mediation occurring late in the litigation process affords the parties the advantage of additional knowledge but carries the disadvantage of “sunk” costs and hardened positions. Either scenario can hinder settlement.
Greatest opportunity for successful mediation
The greatest opportunity for successful mediation occurs at the earliest date both parties possess sufficient information for decision making. This can occur when:
• The discovery exchange is concluded or near conclusion
• Even when discovery has not been completed and you do not have necessary information, mediation can be used to assist in negotiating the release of information necessary to make informed decisions.
• Important testimony (material and disputed) is available by deposition or affidavit.
• Any outstanding issues are resolved so that a settlement may be negotiated.
• Real decision makers are available to meaningfully participate in the mediation process.
Is your case ready for mediation? Click here to schedule your mediation or call (239) 213-0033.