Is Mediation successful if it occurs at the beginning of a case, before discovery?
Some cases do settle at the very beginning of the case and before discovery. Usually, the lawyers are very experienced and they can predict with some degree of accuracy what the discovery will show. They are able to guide their clients to a settlement based on their years of experience. An experienced mediator can do the same. The advantage of Mediation at the beginning of a case is the tremendous savings of money for discovery and for attorneys’ fees. Even if a case does not settle at the beginning, sometimes the parties can at least agree on a limited amount of discovery that they will perform in order to return to Mediation for further sessions.
