To Mediate or Not To Mediate?

With all due apologies to the Bard, it is not nobler to mediate before the case is ready for mediation. Premature mediation can serve as a significant impediment to resolving a case in a timely manner.

As Miles Mediation & Arbitration in Georgia explains in its recent article, “Choosing the best time to mediate can have a big impact on the chances of settling your case and is fact driven.” Since many litigants view mediation as their “day in court,” there is often an attitude of the sooner the party can “get it off his/her chest,” the sooner resolution can be reached.

But the truth is that while there are many cases that can be settled early in the litigation process, these attempts should be only after the attorneys have had the opportunity to investigate. It is necessary for the parties to make an honest evaluation of their client's position.

It is also necessary to determine if the parties are emotionally and mentally prepared to settle the dispute. Litigation is much akin to an emotional rollercoaster for a client. These emotions can impede one’s ability to think rationally and make sound judgments.

If each party is emotionally & mentally ready, and there’s been enough exchange of information between the parties, then it’s the right time to mediate