When a lawsuit is initiated, the first step is to examine the discovery. This is a process of uncovering the documentation, witnesses, and expenses related to the case. It can be costly and time-consuming. However, mediation (or conciliation) can be used as an alternative to formal discovery.
It is a cost-effective way for defendants to gain an understanding of the case and its potential outcomes. Plaintiffs also benefit from early mediation. It allows them to assess the reaction of other parties to their tactics, theories, and strategies. It also gives them an opportunity to make an impression on insurers and set parameters for future negotiations.
Mediation is often necessary once a lawsuit has been initiated. However, it can be beneficial to try to resolve cases before mediation. In car cases where mediation is mandatory, it can be “forced” on the other side faster. Ultimately, it is up to the clients to decide if and when to mediate.
