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Mediation works because it (1) brings people to the bargaining table; (2) educates the participants; and (3) lets the mediator help devise a settlement.
Does your dispute have any of these characteristics?
1. It has been 3 months since the parties discussed settlement or the dispute is over 2 years old.
2. Your phone calls or letters to the other side go unanswered.
3. The other side is not furnishing you with the information you need to even discuss settlement.
4. You/or the other side are having 'client control' problems -- 'I believe your settlement figure is in the ball park, but my client (or insured) will never accept it'.
5. You're fairly sure that a lawsuit will be filed, if it hasn't already happened.
6. The matter is already in suit and a substantial round of discovery is coming up.
7. The matter is already in suit and it is time to begin preparing for trial, which will involve considerable time and expense.
8. The dispute involves a large number of parties and you need help to put together a comprehensive, global settlement strategy.
9. The dispute involves co-defendants or co-plaintiffs who are unable to agree among themselves on settlement positions.
10. One party --or his/her attorney--is driving up everyone's litigation costs by engaging in unnecessary discovery or procedural maneuvers.
11. You are handling numerous similar claims that could benefit from a global settlement process.
12. The disputants have an ongoing relationship--such as partners or other business associates--and you are concerned that the dispute--particularly litigation--will impair their ability to ever work together in the future.
13. The settlement value of the claim is less than what it will cost you to take it to trial.
14. While the stated offers and demands are far apart, your experience tells you that this case should settle.
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