Voluntary Mediation of Litigation
Experience has shown that as a general rule mediation has been effective at all stages of litigation. This includes mediation immediately after the pleadings have been filed and before formal discovery has been initiated. More typically, the parties engage in some form of formal discovery prior to turning to mediation. Mediation is unfortunately often not considered until subsequent to unsuccessful case evaluation. While each case is unique, it is important to remember that the cost savings of successful mediation diminish the later in the litigation process that the mediation occurs. I recommend to counsel that mediation be scheduled as soon as the party has a good basic understanding of their case and that of their opponent. Rarely is it necessary, in my experience, to depose all witnesses prior to mediating the action. Often needed facts or concessions are obtained in mediation directly from the other party. Occasionally, a mediation is adjourned for the purpose of conducting prompt formal discovery on a limited issue and then reconvening the mediation. I thus have a bias in favor of assuming that it is normally never too early to try mediation, although there will be cases in which it will be desirable to wait. Most plaintiffs, and their counsel also, place a premium on a prompt resolution of their claim. Counsel wishing to mediate their case may contact me directly or may formally file a stipulation to mediate with the court.You can not shake hands with a clenched fist.
Golda Meir
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