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Ten Ways To Know When To Undertake Mediation
Practitioners often wrestle with the question “when is the best time to undertake mediation of a dispute?” Is it before litigation has ensued although the controversy has arisen? Is it at the outset of the litigation once the complaint has been filed? Is it only after there has been some discovery, an exchange of documents and perhaps a few depositions? Or is it on the literal eve of trial?
The answer to this perplexing question, of course, is unhappily “it depends!” But in my experience as both a litigator and a mediator, there are some helpful observations which can be offered to bring light to this question.