Mediation: Early and Often for Cost-Effective Litigation


Litigators always are on the lookout for strategies to help reduce litigation costs. After all, we are service providers – and typically that service boils down to dollars and cents – achieving the best result at the lowest cost. In seeking out cost-effective strategies, one universal rule holds true: the sooner the lawsuit concludes, the more likely it is to be cost effective.

I recently mediated a case in another jurisdiction that resulted in settlement. Some jurisdictions have a long tradition of court ordered mediation, with the process and results more structured than here. This is not to suggest that the mediation was an easy go. The case was difficult and expensive with capable opposing counsel. Nevertheless, the case was resolved before expenditures for depositions, expert discovery, motion practice or intensive trial preparation.

Much can be learned from the way others mediate disputes. Here are some pointers from my recent jaunt in mediation.

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