Alternative Dispute Resolution
Jul. 16, 2025
The hidden power of mediating early
Mediation timing is about more than readiness -- it's a strategic balance of opportunity and risk that today's practitioners must navigate with greater precision than ever before.
Michael A. Jacobs
Arbitrator, Mediator, Special Master/Referee, and Neutral
JAMS
Yale Law School; New Haven CT
When should we mediate? Parties often assume that extensive discovery is necessary for effective settlement negotiations. But mediation timing is fundamentally about balancing opportunities against risks. Early mediation offers the opportunity to resolve disputes before incurring substantial costs, but it carries the risk of settling without complete information. Late mediation provides comprehensive case knowledge, but it risks esc...
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