When should you mediate is a question many have asked me. Is it better to mediate early in the process or later? My response is always mediate when you have sufficient information to make good decisions. But how do you know if you have sufficient information, or when does that occur? There is no cut and dried answer. It really depends on each individual case. I, for one, do not believe that early intervention mediation is effective. Either one side or the other will lack the necessary information to make reasoned decisions. That is why, I believe that basic discovery or information exchanges are necessary before mediation is effective. While more and more cases are being mediated and the mediation is occurring faster, that does not mean you should blindly go forward into mediation. You do not need to wait until until all discovery is completed. You do not need to wait until the summary motions are decided. You do not need to take numerous depositions. What you do need is for both sides to have sufficient information to make reasoned decisions. In order to ensure that sufficient information is exchanged, I have included in my Mediation Agreement, which is signed by counsel, that information either party intends to rely upon be exchanged at least 1 week prior to the mediation. In addition I require the filing a mediation summary setting forth the parties' respective positions and support. Information is the key to a successful mediation. Early disclosure can result in large savings for the litigants and a satisfying process.
