After negotiation has failed and before any ultimatums are given.
It’s not easy to convince your opponent to enter Mediation.
Misconceptions abound as to what Mediation actually is. It is often confused with Arbitration, which is an adjudicative process much like a court trial. That is quite the opposite of Mediation.
Getting complete information to your opposition is your primary challenge.
Because your lawyer acts in your best interest, she/ he is bound to advise you of the opportunities that early settlement provides, and the various ways that that can be achieved. Litigation is valuable, but not before a Mediative process has been exhausted. So it is important that your lawyer is on board and knowledgeable about Mediation.
It is preferable to have your lawyer with you in Mediation.
She/ he will act as a sounding board, and the perfect partner to reality test your assumptions of what not settling means. Your lawyer is best qualified to draw up settlement agreements on the spot and capable of simplifying documentation so that agreements don’t fall out of bed.
Courts are starting to demand Mediation between disputants before trial and refusal may result in penalties. See Court ordered Mediation is becoming a reality.
In summation, STOP before firing the first shot
Offer to enter Mediation with your opponent. It is not a show of weakness, but rather one of good business sense.
One of the best ways to persuade others is with your ears-by listening to them
~ Dean Rusk