MEDIATION AS TRIAL PREPARATION
MEDIATION AS TRIAL PREPARATION
Mediation provides an early glimpse into how a dispute might unfold in court. Even if settlement during mediation seems unlikely, the process is beneficial for both legal practitioners and the parties involved.
While mediation is relatively informal, it offers insights beyond legal arguments. After the mediator's opening remarks, each party has the chance to present their claims and evidence. This part of mediation reveals valuable insights, such as the opposing party's presentation style, knowledge of the case, and their presence in person - all crucial elements with potential impacts on the case. Skilled storytellers often excel as trial lawyers, so observing the other side's live presentation helps in evaluating the case.
Once opening statements are done, the parties are separated into private sessions, known as caucuses. Here, each side meets privately with the mediator, allowing for more candid exchanges. Although mediators must follow confidentiality rules, participants are generally more open to sharing positions or facts during mediation than in the discovery phase. With consent, the mediator may reveal information that could otherwise be kept hidden through discovery objections. This exchange during mediation refines the issues for trial, and sometimes uncovers completely new matters requiring investigation. On occasion, it becomes evident that one party's position is missing information that can easily lead to resolution once the information is obtained.
At the end of mediation, parties may gain new insights, perspectives on the case, or strategies for trial. Mediation can also pave the way for ongoing conversations that might lead to settlement. Participants should not overlook the advantages of mediation, even if a settlement seems improbable.
At Brim Law Mediation, we look forward to helping you with your mediation needs. You can book your mediation online by following the link below.