Selecting the Time to Mediate

By Ed Sikorski
March, 2012

When is it TIME TO MEDIATE?

Consider the following scenarios:

 

• Settlement discussions have stalled for several months and it is becoming clear that litigation will begin. The parties’ positions have become entrenched.
   

• Communication and information flow has come to a halt.
   

• Client control has become problematic. Client expectations exceed your case evaluation.
   

• Case management dictates that a substantial round of discovery is coming up and/or it is time to begin trial preparation. CAVEAT: Do the parties have enough information to proceed to mediation?
   

• The case involves multiple parties and putting together a global settlement seems out of reach.
   

• In commercial/business litigation scenarios you recognize that there is a substantial risk to the viability of the enterprise itself and that a win by one side will be a Pyrrhic victory.
   

• The settlement value is less than the cost of proceeding to trial

 

If you recognize one or more of these scenarios, it is TIME TO MEDIATE.