One of the most important aspects of mediation is that a case can be mediated at any time. It means before trial to any time when you think it right. The US Court of Appeals for the eleventh round even has a program to mediate cases that have been appealed. If you want to appeal the case with the help of the best business mediators then get in touch with us today.
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Although the federal appeal didn't seem the optimal time to mediate, according to the program's administrators it is a surprising success. In many cases, the timing of mediation reflects the tension between limiting court costs (preferably through initial mediation) and having all the information on the table necessary to assess the case (often best through post-mediation proceedings).
However, this is not always the case. For example, if the parties are in an ongoing business relationship, they may already have equal access to all relevant information, which would facilitate the initial mediation.
Theoretically, the optimal time for mediation is as soon as both parties have sufficient information to assess their case and the likely outcome in a detailed and reasonable manner. This time varies from case to case, but does not necessarily require that the discovery be completed and all the latest information collected.
If informed mediation can be carried out earlier, the parties can be more flexible as there are fewer "burnout fees" and additional costs can be avoided by agreement.