The hidden power of mediating early
Mediation timing is about more than readiness — it’s a strategic balance of opportunity and risk that today’s practitioners must navigate with greater precision than ever before.
When should we mediate? Parties often assume that extensive discovery is necessary for effective settlement negotiations, but mediation timing is fundamentally about balancing opportunities against risks. Early mediation offers the chance to resolve disputes before incurring substantial costs, though it carries the risk of settling without complete information. Late mediation provides more comprehensive case knowledge, but it also brings the risk of escalated costs and hardened positions. Today’s practitioners must navigate this balance more strategically than ever before.
Full article below:
Daily Journal
When should we mediate? Parties often assume that extensive discovery is necessary for effective settlement negotiations, but mediation timing is fundamentally about balancing opportunities against risks. Early mediation offers the chance to resolve disputes before incurring substantial costs, though it carries the risk of settling without complete information. Late mediation provides more comprehensive case knowledge, but it also brings the risk of escalated costs and hardened positions. Today’s practitioners must navigate this balance more strategically than ever before.
Full article below:
Daily Journal
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