During this process, attorneys should provide counsel on the advisability of settlement options, suggest options and be available for any other consultation with their clients. Appropriate cases for referral can be identified by judges, court staff, or the parties themselves, at any point in the life of a case. A form of order for referral is prepared and signed by the judge. The earlier that a case can be referred to mediation, the greater the likelihood that parties can resolve their dispute at cost savings to themselves and the court. Parties should feel they have enough information to discuss the dispute, which may mean that some discovery should be completed.
Mediators can also help the parties to determine just how much discovery is needed.
Even if discovery has been completed, settlement negotiations have been unsuccessful, or the parties are close to a trial date, the mediation process may still help the parties reach a mutually acceptable agreement. Sometimes the parties are unable to reach agreement, or only agree on certain aspects of the dispute. The case can also be returned to court, and continue on track towards trial. Even in these cases, the mediation process may have helped the parties move toward an ultimate settlement.