Business Mediation – Time Considerations When Planning Mediation

One of the greatest things about mediation is that a case can be mediated at any time, from questions before questions are considered to any stage in the process. The United States Court of Appeals for the Eleventh Round even has an appeals mediation program. 

Although federal appeals do not appear to be the optimal time to meditate, the administrator of this program told me it was a surprising success. You can now look for the best business mediator near me via

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In many cases, mediation timing reflects the tension between limiting court costs (best served through initial mediation) and having all the information on the table necessary to assess a case (often best through post-opening mediation). 

However, this is not always the case. For example, if the parties are in an ongoing business relationship, they may already have equal access to all relevant information, which will facilitate initial mediation.

In theory, the optimal time to meditate is after both parties have sufficient information to make a thorough and reasonable assessment of their case and the likely outcome. This time varies from case to case but does not always require that an investigation be completed and that the most recent information gathered. 

If informed mediation can take place earlier, the parties can be more flexible as there are fewer "sunk costs" and additional costs can be avoided by agreement. In some cases, such as where confidentiality and speed are desired, the parties may consider sharing information outside of the discovery process under court supervision. In such circumstances, mediation can establish a process for exchanging information and then resolving the case.