What Is Mediation?

Mediation is a highly successful, cost-effective and private form of dispute resolution. It is a voluntary process by which the parties decide the terms of their agreement. The mediator facilitates the negotiation but does not impose an outcome on the parties.

Approximately 85% of all cases settle during mediation or shortly thereafter. A settlement saves the parties cost, time, stress and the uncertainty of litigation.

Return to top

When Should I Mediate

There are several points during the life of a dispute when mediation may be effective.

Pre-litigation

Lawyers and parties sometimes choose to mediate before the commencement of litigation. Early mediation provides an opportunity for resolution when costs are relatively low and before the parties are further polarized by litigation.

After some discovery

It has been said that you know 80% of the evidence after conducting 20% of the discovery. The case may be ripe for settlement when the parties know the basic evidence in the case--not everything, but enough to make a reasonable assessment of the risks, opportunities and costs of going to trial.

Before, during or after a motion for summary judgment

A motion for summary judgment is expensive and has the potential to eliminate claims and defenses. Parties sometimes attempt to resolve their dispute before facing the cost, uncertainty and consequence of a motion for summary judgment or after the motion has been decided and the parties are clear which claims and defenses remain.

Before going to trial

Facing a trial date enhances the awareness that the outcome of a trial is uncertain and that there will be winners and losers. Courts encourage or require the parties to mediate before going to trial.

Anytime might be the right time

There may be many other opportunities for settlement, such as after trial and before an appeal or after an appeal and a remand to the trial court.

Return to top

Are There Risks Associated with Mediation?

No. Mediation is voluntary, private and confidential. Statistically, your chance of settlement is good. If your case does not settle, you will likely gain some information and perspective that will lead to a settlement in the future.

Return to top

How To Prepare For A Mediation

Parties

Come to the mediation rested and with an open mind. View the mediation as an opportunity to learn new information and evaluate your case with the aid of your counsel and the mediator. Assume a spirit of flexibility and optimism. Remember, most cases settle in mediation and almost all (95%+) cases settle before trial.

Counsel

The mediator will request a confidential mediation statement from counsel and ask for the following: