When should you mediate?
This depends on the case. There are cases where you can mediate too early. You may not have all your evidence available or you may not be able to identify all of your losses.
This is where the expertise of your legal advisor comes to the fore. At RG Mediation, we have run mediations well before court proceedings are even commenced and up to the doors of the trial. It is all about the strategy and tactics which are best for your business. Mediations is like anything else in business - critically influenced by its timing.
Many solicitors blandly say it is best to mediate early, but that is far too simplistic an approach. The benefits of early mediation are obvious in that less money will have been spent on the dispute and the break down in relations is in its infancy. However we judge every case on its merits not on statistics.
In most court cases mediation will be encouraged
once the parties have pleaded their cases; and this is now built into
the small claims track and will almost inevitably become embedded in the
legal system in the future. So understanding all elements of mediation
is a critical legal skill for any commercial litigator.
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