When to Recommend Early Mediation: Saving Time, Costs, and Relationships

Litigation is designed to resolve disputes, but the journey through discovery, motions, and trial can be long and expensive. Increasingly, lawyers and their clients are recognizing that early mediation can achieve the same resolution—without the heavy cost of prolonged litigation. The question is: how do you know when to recommend early mediation?

Here are a few key signs that early intervention may be the right move:

1. The Core Facts Are Not in Serious Dispute

If liability or the main issues of the case are largely clear, there’s little to gain from prolonged litigation. Early mediation can focus on resolving damages or terms of settlement rather than waiting months for the court process to unfold.

2. The Costs of Discovery Outweigh the Benefits

Complex cases often involve expensive discovery: depositions, expert witnesses, and electronic data review. When the costs of discovery threaten to exceed the potential gain, early mediation provides a way to save resources while still reaching a fair outcome.

3. Preserving Relationships Matters

In employment disputes, business partnerships, or family-owned company conflicts, the ongoing relationship between parties is valuable. Early mediation can reduce hostility and maintain a foundation for future collaboration.

4. Insurance and Risk Management Considerations

When insurers are involved, early resolution often aligns with their interest in cost containment. Identifying cases where liability exposure is evident can prompt insurers and defense counsel to welcome mediation sooner rather than later.



5. Courts Are Backlogged

Post-pandemic court delays continue to affect many jurisdictions. Early mediation can provide certainty in months instead of years, giving clients closure and predictability.

Recommending early mediation isn’t about rushing resolution—it’s about recognizing when litigation will add more cost than value. By identifying the right cases for early intervention, attorneys can deliver efficiency, preserve relationships, and provide real value to clients.