"For everything there is a season, and a time for every
activity under the heaven."
Many cases can benefit from early mediation.
Parties often reject the notion of early mediation because they
believe they need more information to resolve the dispute. In some
cases, more information is necessary. In other cases, however,
parties can assess litigation outcomes—based upon what they
know, can reasonably anticipate and are willing to exchange in
connection with the mediation—and meaningfully value the case
without further litigation.
Benefits of early mediation
It can set the tone. Early mediation can help
set a productive tone for the litigation. Early in my career, a
senior attorney instructed me never to bring up settlement with the
other side, believing it would be taken as a sign of weakness. When
I later became responsible for cases, I began to raise settlement
options early, expressing this premise: "We are on two
parallel tracks, one to settle the
