Timing in Mediation: Why Too Late Can Cost You - Part 3 in a Series

Here is my last post for my “timing in mediation” series. In my last post, I outlined the problems when mediation starts too early. On the other end of the spectrum, waiting until the eve of trial carries its own risks.

By that point in the timeline, positions have often become deeply entrenched. Significant resources have been invested. Emotions on all sides have intensified. The psychological commitment to “seeing it through” can override rational risk assessment.

Cases that might have been resolved earlier with far less cost and disruption sometimes proceed to trial simply because the window for productive negotiation has closed.

The Sweet Spot

Since I have had the unique perspective of being on both sides of complex injury cases for more than 30 years, I have found that the most productive mediations I’ve been involved with — as a litigator and now as a neutral — tend to occur when both sides have enough information to realistically evaluate the case but have not yet invested so heavily in trial preparation that flexibility becomes difficult. 

That moment is different in every case. But identifying it thoughtfully is one of the most valuable strategic decisions a lawyer can make.

Need help finding out if the timing is right for your mediation? Contact me today at 407.493.0899 or set up a meeting on my Appointments page to discuss.