The optimum time to take a case to mediation will depend on the nature of the case and on factors like whether the issues have been properly defined (in pre-action correspondence, in pleadings, in responses to Requests for Further Information or post pleading correspondence) what disclosure there has been, whether interim orders are necessary, limitation issues, enforcement considerations, etc. Our team advises our clients on the best time to mediate or suggest it to ensure that it has the best chance of achieving success.
In large cases the parties are required, in the Directions Questionnaire, to confirm whether they want to stay the proceedings for one month to attempt settlement which might include mediation.
After disclosure might also be a good time to mediate as the parties understand the case against them and are in possession of the other party’s documents that support or harm their case (assuming that there has been standard disclosure) and it is still early enough in the proceedings to provide the incentive of cost savings if the mediation is successful since the witness evidence and trial costs will be avoided.