What if… It’s early in the case—should I agree to mediation anyway?

Some lawyers think that mediation is worthwhile only if they can get to settlement, but not all cases are like that.  Even if it’s early, if the other side proposes it, you can gain from mediation like this:  Figure out what you want to get from the other side, and ask for that as a condition to mediating.  Maybe you want certain documents produced, or a deposition scheduled.  If they agree, you win either way—either you settle the case by mediating or if not, you will gain information that you might otherwise not have.

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