Is Early Mediation Helpful? Yes, but Not Always in Ways You'd Suspect

Early mediation can be beneficial, but its advantages might surprise you. One of the primary benefits is that it highlights contested issues early on, giving both parties a clearer understanding of the conflict. This can save significant attorney’s fees and costs by potentially avoiding prolonged litigation.

Another advantage is that early mediation can provide cheap discovery. By discussing the issues openly, parties can uncover crucial information without the expense and time associated with formal discovery processes. Additionally, early mediation has the potential to end the battle immediately, offering a quick resolution that benefits everyone involved.

However, there are what can be perceived as potential drawbacks. Sometimes, the parties may not have enough information to make informed decisions. Also, if there’s a genuine dispute on the law, motion practice might be necessary to frame the scope of the case properly.

The good news is that even if early mediation doesn't resolve the dispute, it can still clarify the path of discovery needed and help narrow down the disputed issues. This can make any subsequent litigation more focused and efficient, ultimately saving time and resources.