FAQ: When is mediation appropriate?
Mediation can take place at any stage from before legal proceedings are issued up until trial and even after trial. Obviously, the earlier mediation takes place, the better chance of saving costs, avoiding publicity and possibly preserving future relations between the parties. However, at a later stage in proceedings mediation may have a better chance of success as the issues in dispute are more clearly defined, the parties are clearer on their strengths and weaknesses and the parties are more focused on the possible benefits and risks in terms of outcomes and costs.
I have successfully mediated disputes before legal proceeding were initiated. Often times these are business disputes or intellectual property/high technology disputes. The parties were quite aware that if they took their disputes to court, it would be years before there was a resolution. By that time, new technology innovations would make their dispute seem old and tired though legally valid.
I have also successfully mediated disputes after trial. In these cases, one party does have a judgment from a court, but both parties want to completely end the litigation and stop any appeals that might negate the judgment.
Naturally, mediation is appropriate and anytime. Often a party has to file the lawsuit to preserve their legal rights and to put on notice to the other parties that there really is a dispute.
About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator. He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment. He is also a Mediator and Arbitrator for FINRA.
© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.