The purpose of discovery is to learn about the other parties case to prepare for trial, and to assess settlement possibilities. We have developed standard written interrogatories and document requests that we serve on the general contractor, the EIFS applicator, and the stucco manufacturer. The parties typically have up to sixty days to answer. Also, we are not limited to one set of interrogatories or document requests, and can ask additional questions or request additional documents at the appropriate time. In summary, the discovery stage typically lasts four to six months from the filing of the Complaint.
Mediation is the best opportunity to settle the case.
We have settled dozens of cases during mediation. The Court orders mediation in the hope that the parties will settle the case and not have to clog up the courts with a complicated trial. In a mediation, a mediator, typically a lawyer who is a certified mediator, attempts to bring the parties together. Each defendant is in attendance, with their attorneys, and insurance adjusters. If the case does not settle at mediation, the lawyers can continue to negotiate, but it is much more cumbersome to negotiate with one defendant at a time, typically over the telephone.