Mediation can be a useful vehicle for reaching the efficient compromise of a lawsuit. It can also be a complete waste of time and money. Because it is ordered by the court, the parties are well served by substantively addressing the subject with each other well ahead of the scheduled date.
In order to serve its intended purpose of trial avoidance, however, the parties’ expectations should be made clear long before the day arrives. A demand letter by the plaintiff at least 30 days before the scheduled mediation gives the attorneys, adjusters and any interested party time to digest the plaintiff’s stated expectations. Both sides should conference with the mediator and brief her on their respective positions, and encourage feedback through this valuable intermediary. Often, those issues on which we intended to spend considerable time are not the same as those of interest to the opposition. Learning (or confirming) such things will help the advocate’s presentation focus on the most critical issues in the case.
