Should We Submit This Case To Mediation?

18 questions to guide your analysis. A “yes” to any one means you should consider mediation.

1. Is this a business relationship that has potential for the future?
2. Has there been a significant breakdown in communication between the parties?
3. Would you benefit from a quick resolution of the issues?
4. Is this dispute highly charged emotionally?
5. Is this case frustrating and difficult for you to cope with emotionally?
6. Would you benefit from total confidentiality in the resolution of this dispute?
7. Is this a case where setting precedent is not the objective, where the legal issues are of minimal significance?
8. Are your chances of winning at trial less than you’d like?
9. Are the costs of preparing for trial substantial relative to anticipated recovery?
10. Is there a factual dispute based on the credibility of witnesses?
11. Is this case going to become a battle of the experts?
12. Is opposing counsel contentious, incompetent or difficult?
13. Is opposing counsel an obstacle to resolution?
14. Will you have difficulty funding litigation through trial?
15. Is the time commitment for litigation difficult to manage?
16. Will collection be a problem if you do get a judgment at trial?
17. If you do win this case, is an appeal likely?
18. If you lose this case, are you liable for the other side’s attorney’s fees?

This article appeared in Legal Management, March/April, 1995 issue.