Litigation is a war of attrition. Alternative dispute resolution alternatives such as mediation offer an off ramp. For those that do not regularly mediate, the greatest refrain I hear is mediation is a waste of time…we have already come this far why would we stop now. I really have two simple answer (1) most courts will compel you to mediate before trial, and (2) isn’t one day worth it if the possibility is settlement?
Your litigation will still be there the day after mediation. Even if your case does not settle there are at least five (5) good reasons to give mediation a shot:
1. Understanding the other sides bottom line
2. Understanding the real issues in dispute
3. Understanding where the case could settle even if you are not prepared to settle now
4. Understanding how your case sounds to a mediator, who has no skin in the game
5. Clearing the last hurdle to be trial ready
For minimal commitment of time and effort you are likely to have a better understanding of what your case is about after mediation with an effective mediator. Mediation is confidential and the discussions and positions taken at mediation are not admissible in Court. Your mediator will never be a witness.
So there little to lose and much to gain by giving mediation a try.
-Rune
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