Why Early Mediations Fail and How to Maximize Their Chances for Success
Many lawyers and litigants have the misconception that the parties do not have enough information to settle early in the litigation (or pre-litigation) and therefore consider mediation only on the eve of summary judgment or trial. As a former commercial litigator, I once shared the misguided idea that for many cases, some amount of litigation and expense was necessary before the parties could settle.
