When to Recommend Early Mediation: Rethinking the Timeline for Resolution

As litigation grows more complex and trial calendars stretch further into the future, one question appears with increasing frequency: When is the right time to mediate?

For many lawyers, mediation has long been viewed as something that belongs later in the case—after discovery, after expert reports, after motion practice. But in today’s legal landscape, early mediation is not simply an alternative; it is often a strategic advantage.

Through years of mediating commercial, insurance, employment, and personal injury matters, I’ve observed that early mediation, when chosen wisely, can materially shift outcomes—reducing cost, controlling risk, and improving client satisfaction. But it only works when the timing aligns with the realities of the case.

Below are insights on when early mediation works, when it doesn’t, and how lawyers can use early intervention to enhance both efficiency and outcomes.

Early Mediation Works When the Facts Are Clear Enough to Frame the Risk

Contrary to belief, you don’t need a fully developed record to hold a productive mediation. What you do need is a baseline understanding of:

• The core liability issues

• The nature and extent of damages

• The key risks for each side

• Any insurance or coverage parameters

If the parties already understand the outlines of the dispute, mediation can begin the process of narrowing issues, testing assumptions, and exploring ranges—saving months of unnecessary discovery.

Early mediation is especially effective when the dispute turns more on valuation and business judgment than on factual uncertainty.

The Business Case for Early Mediation Is Stronger Than Ever

Clients—whether corporate or individual—are increasingly sensitive to the cost of litigation. Even a small window of depositions or expert discovery can consume tens of thousands of dollars and months of calendar time.

Early mediation:

• Reduces litigation spend

• Protects business relationships

• Improves predictability in budgeting

• Allows counsel to redirect time to higher‑value matters

• Can resolve disputes before parties become entrenched

Today’s clients appreciate proactive strategy, and recommending early mediation often demonstrates professional judgment and forward thinking.

Early Mediation Fails When Critical Information Is Missing

While early mediation can be a powerful tool, recommending it too soon can have the opposite effect—hardening positions rather than opening the door to resolution.

Mediation should be approached cautiously when:

• Liability depends on factual clarity that has not been developed

• Ongoing medical treatment or damages remain too uncertain

• Coverage questions could undermine authority to settle

• Parties need the discipline of discovery to reality-test expectations

The goal is not to mediate “early” for the sake of efficiency; it is to mediate intelligently, at a moment when movement is possible.

Early Mediator Involvement Doesn’t Always Require Early Mediation

One of the overlooked tools in early intervention is early mediator consultation—a short, informal conversation with counsel (joint or separate) before committing to mediation.

This allows the mediator to:

• Assess whether the case is ready

• Identify what information needs to be exchanged

• Recommend timing or staged mediation approaches

• Help lawyers align expectations without pressure

In many cases, early involvement smooths the path for a productive mediation later.

The Best Time to Mediate Is When the Case Is Still Movable

Early mediation is not for every dispute—but when timed correctly, it offers a powerful opportunity to resolve conflict before cost, emotion, and entrenchment escalate.

For lawyers managing demanding caseloads, tight calendars, and cost-conscious clients, early mediation is often the difference between controlling the case and being controlled by it.

If you’re considering whether a case is ready for early mediation, I’m always happy to discuss strategy and timing.