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.