Timing in Mediation: Why Too Early Can Cost You - Part 2 in a Series

I think early mediation is often a great idea. But there are two sides to that proposition.

Here’s one side. When mediation occurs before the case is sufficiently developed, parties often lack the information they need to make realistic decisions. This is particularly true in complex matters, like medical malpractice cases.

The medicine may still be unclear. Expert opinions may not yet be fully formed. The damages picture may be incomplete. In that environment, both sides are essentially negotiating around unknowns — and that uncertainty tends to produce either impasse or agreements that one or both parties later regret.

Early mediation can certainly work in certain cases. But in complex medical malpractice matters, it can result  in a session that goes through the motions without producing meaningful movement. In other words, if the parties are simply not ready for an early mediation, then they just shouldn’t do it and instead, should postpone it until the parties are really prepared to negotiate the case towards resolution. The parties should not risk angering or alienating the other side by mediating too soon. 

By the same token though, going to mediation early (when the parties are ready and honest with themselves about the risk and financial costs of continuing with litigation) is a prime opportunity to do the right thing for each respective client. In my personal experience, seasoned medical malpractice attorneys in Florida do a better job than most, in identifying cases that are ripe for early conversations about settlement. Many of those cases have readily apparent liability and damages issues that can lead to meaningful settlement negotiations early on, which can save enormous time, angst and money. 

Stay tuned for my third post in this series, mapping out some of the problems that arise when you start mediation too late, and when I think the “sweet spot” exists as it relates to scheduling your mediation.

But if you are ready to mediate, I’d love to connect! Contact me at 407.493.0899 or on my Appointments page to book your next mediation.