Much has been written about pretrial mediation; indeed, there have been countless articles about all its benefits, how to select a mediator, when to initiate mediation, the kinds of cases best suited, etc. Although many of these articles give passing reference to posttrial mediation, few discuss in depth the value of mediation after a judgment has been rendered.

Most litigants think that the judgment brings an end to any possibility of settlement negotiation. They are wrong. In fact, the opportunity for settlement may actually be better now that the facts have been found and the legal issues narrowed. Additional costs and delays associated with an appeal, the risks of reversal to the successful litigant, the weaknesses of a case exposed at trial, the jeopardy of making “bad law” for future cases, and the promise of an earlier payday are just some of the considerations that weigh heavily in favor of posttrial mediation.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]