When To Use Mediation
You may mediate as soon as you have sufficient information to evaluate your client's case for settlement. You may enlist the assistance of the mediator in obtaining information from the other side as a pre condition to mediation,
Mediation may be very effective early in the litigation before incurring tremendous discovery and deposition costs when you basically know what information formal discovery is going to produce.
Once you have sufficient information to evaluate your client's case, you are prepared to negotiate even if you have not yet completed all discovery necessary for trial.
We have had successful mediations in cases in which no discovery has taken place and in matters which previously have gone through multiple mandatory settlement conferences.
Mediation is appropriate in any case in which you and your client are interested in controlling the outcome.
Mediation is especially useful in the following situations:
- other side is non responsive
- other side is not evaluating case realistically
- client and/or attorney control problems exist
- confidentiality is a concern of your client
- your client wants to avoid setting a legal precedent
- the number of parties and/or complexity of issues makes direct
- negotiation difficult or impossible
TYPES OF CASES
Nearly every type of civil dispute has been mediated successfully, including lender liability, securities, fraud, professional liability of all types, probate, real estate, construction, bad faith, product liability, wrongful death, employment, discrimination, aviation, coverage, personal injury, and environmental.
Mediation is particularly beneficial where the parties have an ongoing relationship; where liability is admitted but damages are contested; where flexibility in fashioning a resolution is the key to settlement; and where clients want to avoid publicity.
|Wakeen & Associates Mediation Services
600 University Street
Seattle, WA 98101
Phone: (206) 292-8300
Fax: (206) 292-8399