When Does Mediation Occur in the Litigation Context?

Image  A recent article from Nevada Business addresses the nuts and bolts of a typical mediation when litigation or a law suit is involved with hard facts and some well played levity.  

In the article, the author suggests that: “Mediation occurs after negotiation has reached an impasse.”   In other words, the author is suggesting that the parties’ efforts to work out the issues on their own has ground to a halt.  This chronology is often true, but not always with respect to when mediation might occur during a litigated dispute.

Attorneys often continue negotiations on a settlement or resolution right up to the minute that the mediation appointment starts and may continue to negotiation through and after the mediation concludes.  Simply put, mediation is a flexible process that can help do many things, such as:

  • Close a deal,
  • Accelerate the negotiations,
  • Identify pitfalls or information gaps that need to be addressed before more productive negotiations can occur (e.g., obtain the video, the valuation, the statement, the record, etc.),
  • Create a temporary agreement or a partial agreement, and more.

In all, parties simply do not have to wait for negotiations to end in a stalemate before participating in mediation when litigation is involved (and courts often order mediation irrespective of where negotiations or settlement discussions are).  

Contact One Mediation’s offices in Atlanta, Georgia for more information about mediation, mediation coaching, and local mediators at contact@onemediation.com or call 404-720-0599.

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