When Should A Case Go To Mediation?
In the jurisdiction where I practice, the attorneys are typically in charge of the timing of mediation. Most of the attorneys like to put off mediation until they are closer to being ready for trial. They claim the case isn’t ready for mediation. This typically means the attorney isn’t ready for mediation for one reason or another.
In most divorces, the majority of necessary information is known within the first couple of months. Married couples typically know their assets, liabilities, income, and expenses. They have seen the paystubs and financial statements. They have discussed what they own and what they owe. They have sweated over the financial mistakes and celebrated the financial successes.
Sometimes there truly is a hidden account or special issues related to the children. These situations are less likely, however.
I have long felt that attorneys wait too long to go to mediation, and also look at mediation as a “one and done” type of situation. Attorneys should be willing to attend mediation early, and they should consider going to mediation more than once. I have always encouraged early mediation as a cost-saving measure.
A new study also seems to indicate that scheduling a case for mediation earlier in the process is the better choice because it increases the chance of settlement.
This study out of Singapore considered the timing of the mediation, the stage of litigation, and the contentiousness of the parties. There were some other conclusions that came out of the study, but I was most interested in the conclusion about the timing of the mediation.
The study indicated that by waiting one month to go to mediation, the chance of settlement decreased by 3 percent. The study also indicated that going to mediation closer to the time of the pleadings rather than closer to the time of trial, improved the chance for settlement.
In most divorces, the majority of necessary information is known within the first couple of months. Married couples typically know their assets, liabilities, income, and expenses. They have seen the paystubs and financial statements. They have discussed what they own and what they owe. They have sweated over the financial mistakes and celebrated the financial successes.
Sometimes there truly is a hidden account or special issues related to the children. These situations are less likely, however.
I have long felt that attorneys wait too long to go to mediation, and also look at mediation as a “one and done” type of situation. Attorneys should be willing to attend mediation early, and they should consider going to mediation more than once. I have always encouraged early mediation as a cost-saving measure.
A new study also seems to indicate that scheduling a case for mediation earlier in the process is the better choice because it increases the chance of settlement.
This study out of Singapore considered the timing of the mediation, the stage of litigation, and the contentiousness of the parties. There were some other conclusions that came out of the study, but I was most interested in the conclusion about the timing of the mediation.
The study indicated that by waiting one month to go to mediation, the chance of settlement decreased by 3 percent. The study also indicated that going to mediation closer to the time of the pleadings rather than closer to the time of trial, improved the chance for settlement.