Why Early Mediations Fail And How To Maximize Their Chances For Success

Many lawyers and litigants have the misconception that the parties do not have enough information to settle early in the litigation (or pre-litigation) and therefore consider mediation only on the eve of summary judgment or trial. As a former commercial litigator, I once shared the misguided idea that for many cases, some amount of litigation and expense was necessary before the parties could settle.

As a mediator, I, like many others, believe early mediation can be beneficial to parties and can result in similar negotiated settlements to those reached much later in litigation while saving the parties substantial time and money.

So, why do some early mediations succeed and others don't? And what steps can negotiators take to maximize the chances of early resolution?