1. The best time to mediate a dispute depends on a variety of factors, including the context of the dispute in relation to the client’s overall business, anticipated changes in law, upcoming financial events, and budgetary restrictions.
2. Successful negotiations are more likely if the parties have adequate information to make informed decisions about the strengths and weaknesses of their positions. Prior to mediation, it is important to discuss what information should be exchanged and how long it will take to gather and transmit this information.
3. It is important for the parties to fully understand the potential costs and time commitment of continuing the litigation. Providing the client with a budget of legal fees and expenses through the conclusion of litigation can help in this understanding. – The parties involved in the dispute may not be emotionally and mentally prepared to settle.
– Litigation can be an emotional rollercoaster for clients, potentially impeding rational thinking and sound judgment.
– It is important to engage the client’s rational side and minimize emotional triggers.
– Timing is crucial in preparing clients for the larger picture of the dispute.
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