When is the right time for mediation?

There are differing views as to when is the best time to commence mediation. However, early mediation can present a number of advantages to the parties:

• Ongoing business or professional relationships could be less impacted if the dispute can be resolved early.

• It may be easier to settle a matter before each side has incurred substantial legal and expert fees (especially in environmental matters), or become entrenched in their position.

Early mediation, in conjunction with the use of an experienced environmental mediator, can assist the parties in ascertaining exactly what additional evidence might be needed, and provide assistance for a process to obtain that information.

Further, the mediator may encourage the parties to consider techniques such as the joint retainer of an expert to address a critical issue which may expediate resolution and result in cost savings.

Finally, an experienced mediator may also provide a recommendation to the parties when a matter is simply not ready to proceed to mediation. There may be issues outstanding such as additional parties or coverage issues that need to be assessed before proceeding with mediation.

Mediation should not be a consideration that only arises shortly before a matter proceeds to a trial or hearing. There can be significant advantages to the parties by considering early mediation with either an early settlement, or at least streamlining the process to get to meaningful settlement discussions.