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In Place of Strife

The Mediation Chambers

It's about time! When to mediate......

It's about time! 

When to mediate? Maybe your client wants to hold off mediating to test the other side’s mettle in the litigation or to gain clues about the depth of its resources. You might delay mediating in the hope of uncovering more information from disclosure of documents or the exchange of witness statements or experts’ reports. Or maybe you want to try, at first, to negotiate without a mediator with a view to mediating later if necessary.
As mediators, we often see mediations deferred for these reasons. This leads to cases coming to mediation much later in the litigation, sometimes with unfortunate consequences. Longer cases mean higher costs. Those cases are more expensive (and, therefore, more difficult) to settle. As cases drag on, clients invest psychologically in their cases. They become entrenched.
There can be good tactical and strategic reasons for deferring mediation but any decision to do this should involve balancing the likely benefits against the dangers of drawn-out cases.

Mediator: Matthew Greenberg

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