Civil Litigated Mediation

There are very few litigated civil cases today that do not go to mediation before they are set for trial. The cases that go to mediation are most often settled before the trial and there for take a case off the docket for the court. Cases settle usually in a range of 70-80 percent of the time in mediation.

While the cases can and do go to mediation at all different times in the litigation process, it is usually up to the attorneys to determine just when that time is the right time. There are different opinions on the timing of mediation. Some would suggest the cost of litigation could be held lower if the mediation were introduced at an earlier time in the process. Others would say that the timing has to be after the case is prepared for trial. That decision again is up to the attorneys to best determine the optimal timing.