Should We Submit This Case To Mediation?
18 questions to guide your analysis. A “yes” to any one means you should consider mediation.
- Is this a business relationship that has potential for the future?
- Has there been a significant breakdown in communication between the parties?
- Would you benefit from a quick resolution of the issues?
- Is this dispute highly charged emotionally?
- Is this case frustrating and difficult for you to cope with emotionally?
- Would you benefit from total confidentiality in the resolution of this dispute?
- Is this a case where setting precedent is not the objective, where the legal issues are of minimal significance?
- Are your chances of winning at trial less than you’d like?
- Are the costs of preparing for trial substantial relative to anticipated recovery?
- Is there a factual dispute based on the credibility of witnesses?
- Is this case going to become a battle of the experts?
- Is opposing counsel contentious, incompetent or difficult?
- Is opposing counsel an obstacle to resolution?
- Will you have difficulty funding litigation through trial?
- Is the time commitment for litigation difficult to manage?
- Will collection be a problem if you do get a judgment at trial?
- If you do win this case, is an appeal likely?
- If you lose this case, are you liable for the other side’s attorney’s fees?
This article appeared in Legal Management, March/April, 1995 issue.
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