It depends on the nature of the case, the facts, the applicable laws, pending motions and their likelihood of success or failure, how close to trial the matter is and most importantly, the willingness of the parties to compromise. It’s difficult to decide when the case is just right, just ripe enough so that a settlement will taste good enough to the parties and they will leave satiated. The hungrier for settlement the parties are the earlier the case may ripen.

All too often much time, energy and money is spent during the litigation process and mediation is tried when a trial is just around the corner. With deadlines being faced and the uncertainty of trial looming ahead parties often take mediation more seriously. While the parties may be more willing to settle at this point both sides may have spent a lot of resources that may have been saved if the case settled earlier.

On the other end of the time frame mediation may be tried before the parties have engaged in full discovery leaving attorneys and parties guessing as to all the facts and the strengths and weaknesses of witnesses and evidence. Though discovery can be contentious, time consuming and expensive being able to obtain and review relevant documents and have depositions prior to a mediation can result in the case being seen by both parties in a different and more accurate light than they what expected at the outset.

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