Cases often fail to settle when the parties attempt to mediate before the case is ripe for mediation. Until counsel on each side have a similar understanding of the facts of the case, they know only what their own client has selectively opted to share with them. To make the case ripe for fruitful mediation, take enough discovery, including document requests and depositions of key witnesses, before the parties sit down to mediate.
Best wishes to all for a joyous holiday season!
