There’s no longer any doubt that mediation has proved itself a civilized, satisfying and cost-effective way to resolve personal injury cases. This article will analyze some of the conditions that tend to promote successful mediation with the hope that it will help attorneys maximize their chances of mediating their cases productively. There is far more to be said on the subject than can fit into this article, but here are a few thoughts on some critical aspects of the process:
When To Mediate: I have mediated cases pre-suit, at various points on the discovery continuum, on the eve of trial, and, in some instances, during trial. Experience suggests that mediations conducted within a month before jury selection are the ones most likely to succeed. Why? For one reason, since discovery has been completed, experts deposed, and transcripts of their testimony in prior cases read and analyzed, few mysteries remain other than who will be the six strangers chosen to decide the case, and how will they react to what we know they will see and hear.
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