The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

One of the last things any general counsel wants is a notice of a lawsuit against their company. Many thoughts enter your mind, including what's the lawsuit about? Are we liable? Who are the company's witnesses? How much will this distract leadership and employees? What are our defenses—and what will this cost to defend?

Once defense counsel is chosen, a decision needs to be made about whether the company will dig in its heels or attempt to mediate the dispute early in the proceedings.

The decision isn't simple. Here are four factors to weigh when deciding whether to mediate sooner or later.

1. Witness Availability and Turnover Risk

First, what are the chances all the same employees will be with the company when the case goes to trial? This is an important consideration, especially if you are in a high-turnover industry. Even for a deposition, it is often preferable to have the witness testify in person. But will that employee still be there when the trial