Edmund J. Sikorski, Jr., J.D.
Attorney, Civil Mediator, and FINRA Arbitrator
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.