Many parties think of mediation as occurring after discovery has closed or on the eve of trial. In the right situations, utilizing mediation early in the process, even before a lawsuit is filed, can often provide a more cost-effective and satisfying resolution. The most obvious benefit of pre-suit or early case mediation is the ability to avoid unnecessary and protracted litigation costs – as well as the time and energy required for litigation.
In many cases, the amount in controversy itself makes reaching an early resolution desirable when litigation expenses could significantly reduce recoverable damages or when limited resources are available to pay a substantial judgment. In those cases, it can help the process to have an independent neutral provide the parties a forum to have their voices and positions heard and understood, and provide guidance and problem-solving techniques to explore possible outcomes.
For some parties, there may be a value in keeping litigation out of the public record. In these scenarios, pre-suit mediation affords a level of privacy to the parties that is not otherwise available. In high-stakes cases, some attorneys may be hesitant to engage in pre-suit or early case mediation out of concern for “showing their hand.” A skilled mediator can facilitate an early exchange of key discoverable evidence and assist counsel and the parties in evaluating their positions more objectively. An early mediation that does not resolve all issues still may help the parties narrow and clarify the issues and expedite a path toward an eventual resolution.
Ardis provides in-person, virtual, and hybrid mediation services.