Mediation

Mediation is a common mechanism for litigants to use to resolve their cases. Mediations can be Court sponsored or private. Regardless, there are several keys to a successful mediation. First, it is important to mediate at an opportune time. This varies on a case by case basis. Sometimes an early mediation is ideal. But other times, the parties really do need to take substantial discovery before a mediation can be helpful. Second, you have to prepare and strategize for the mediation. Make sure the client has a clear understanding of the process and reasonable expectations of what can be accomplished. Third, make lemonade out of lemons. Even if a case will not be resolved at the mediation, you may still be able to gain knowledge that will help you win the case, or settle it at some point down the road. Make sure you listen and digest what you hear and see.