The Right Time to Mediate

One of the most common questions attorneys face is when to mediate a case. Should the parties complete discovery first? Wait until dispositive motions are decided? Or explore resolution before investing additional time and resources in litigation?

After decades of litigation experience, I've learned that the best time to mediate isn't necessarily when a case is fully developed. It's when the parties have enough information to make meaningful decisions about resolution.

Here are a few considerations when evaluating whether the time is right.

💡 Mediation Readiness Doesn't Require Trial Readiness

Attorneys understandably want to be prepared before entering settlement negotiations. But preparing a case for trial and preparing a case for mediation are not the same thing.

The critical question is whether counsel and their clients have sufficient information to evaluate the strengths, weaknesses, risks, and potential outcomes of continued litigation. In some cases, targeted discovery or an exchange of key documents may provide everything necessary for productive negotiations.

💡 Waiting Has a Cost

Litigation expenses are only part of the equation. Continued litigation can also create business disruption, emotional strain, uncertainty, and missed opportunities.

Sometimes the parties become more entrenched as litigation progresses, making resolution more difficult rather than easier.

Mediating earlier, when appropriate, may allow clients to preserve resources and maintain greater control over the outcome.

💡 Timing Should Be Strategic, Not Automatic

There are certainly cases where additional discovery, an expert opinion, or a court ruling may materially improve the parties' ability to evaluate settlement.

The key is to make that decision intentionally rather than assuming mediation should occur only after discovery closes or trial approaches.

A pre-mediation conversation can help identify what information is truly necessary and whether any obstacles to productive negotiations can be addressed in advance.

💡 Year-End Can Be an Opportunity for Resolution

As 2026 draws to a close, many clients are evaluating their priorities, budgets, and pending litigation. For some, resolving a dispute before the new year can provide certainty, reduce future expense, and allow them to redirect their attention toward what comes next.

Now is an excellent time to identify cases that may be appropriate for mediation before December 31 and reserve a date on the calendar.

Of course, a year-end deadline should never replace thoughtful evaluation of the merits and risks. But it can provide a useful opportunity to revisit settlement discussions that may have been postponed.

The Path Forward

The right time to mediate is not always the moment when every question has been answered. Sometimes it is the moment when the parties have enough information to recognize the value of finding a resolution.