You Don't Have to Wait for a Lawsuit to Mediate

Mediation is often associated with pending lawsuits, but parties can mediate before a complaint is ever filed. In the right dispute, early mediation can create a structured settlement conversation before litigation costs begin to accumulate. 

Mediation is often associated with pending lawsuits, but parties can mediate before a complaint is ever filed. In the right dispute, early mediation can create a structured settlement conversation before litigation costs begin to accumulate.

What to Focus On

• Use pre-litigation mediation when both sides understand enough of the facts to evaluate the dispute.

• Identify what information must be exchanged before the session so the parties can negotiate meaningfully.

• Consider whether preserving a business, landlord-tenant, or other ongoing relationship has value.

Mediation is most useful when the parties arrive prepared to make decisions rather than simply repeat litigation positions. The goal is not settlement at any cost; it is to determine whether a negotiated result is better than the realistic alternatives.

Key Takeaway

Use mediation as a structured decision-making process: understand the case, the cost of continuing, and the terms that could create a workable resolution.

Frequently Asked Questions

Can parties mediate before filing suit?

Yes. Pre-litigation mediation is commonly used when parties want to explore resolution before commencing a lawsuit.

Do the parties need attorneys?

That depends on the matter. Parties should consider obtaining independent legal advice regarding their rights and any settlement.

What if early mediation fails?

The parties generally remain free to pursue their available legal remedies.

Struthers Legal provides mediation services for parties seeking practical and efficient resolution of disputes

The information in this post is for general information purposes only. Nothing on this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.