Criteria for Choosing Cases for Mediation
- Desire to eliminate costly discovery and/or trial.
- Expense to pursue may approach or exceed settlement value.
- High stakes with risky outcomes.
- Desire to avoid litigation.
- Desire to organize and streamline litigation.
- Desire to focus litigation.
- Opposing counsel and/or client needs education.
- Unrealistic expectations.
- Unclear how to proceed.
- Deadlocked negotiations.
- Hostile or uncommunicative parties and/or counsel.
- Emotionally charged issues and/or parties.
- Willingness to re-evaluate liability and damages.
- Willingness to go beyond last offer or demand.
- Willingness to consider cost of continued litigation.
- Desire to eliminate prolonged discovery and/or trial.
- Dispute requires timely settlement.
- Time delays affect settlement options.
- Complex multiple issues.
- Complex facts and /or mixed questions of facts and law.
- Complex party issues - numbers, relationships between parties, internal problems within parties.
- Interdependent parties.
- Valuable to retain relationship.
Motivation to Settle
- One party, or both, motivated to settle.
- Party inclined to settle, doesn't want to appear weak.
- External factors and/or parties motivate, complicate, and/or control dispute
- Necessity to avoid case precedent (or risk of setting precedent).