Where you have a belief in the merits of your case, send out a letter demanding mediation, and specify your good faith estimate of the value of the case. Indicate that you will only agree to mediation if the other party fully understands and acknowledges your approximated value. If you then show up at the mediation and the other party comes in substantially below that approximated value, leave promptly. Allow the judge to propose mediation at the initial status conference. Mediation often works best for a defendant after a summary judgment motion has been filed, but before the hearing and before plaintiff s opposition is due.
Mediation often works best for a plaintiff just after the summary judgment motion has been denied.
Consider a cost basis analysis. For every month you have the case open, the time you have committed to the case increases, yet there is no guarantee that the value of the case goes up. Many provider organizations will take on the responsibility of contacting the other side about the prospect of mediating. This can be effective because these organizations usually have people trained to sell the process in a way that doesn t make you look vulnerable. Dealing with the Competitive Negotiator Tactics for negotiating a litigated case depends upon the style of the mediator and the approach of the advocate.