Why Pre-Mediation Conversations Can Make All the Difference

Not every lawyer has the time for a Pre-Mediation conference. Those who do often change how the mediation unfolds.

In a recent case, it made all the difference.

After reviewing the defense brief, defense counsel confirmed in our Pre-Mediation conversation that he viewed the matter as a routine cost of defense case with little concern about the risks of proceeding to hearing. I expected plaintiff’s counsel to largely agree. He did not. When I spoke with plaintiff’s counsel, he disagreed with nearly every aspect of the defense’s interpretation, revealing that one side was working from a misunderstanding of key documents.

Because I had worked with both counsel many times and knew they had a strong professional rapport, I suggested they review the evidence together before mediation.

That conversation shifted everything. While their positions remained far apart, both counsel gained a clearer understanding of the evidence and each other’s perspective.

We entered mediation focused on resolution, not fact checking. The case was difficult and required the full session to settle, but it succeeded because the groundwork had been done beforehand.

The takeaway: While Pre-Mediation conversations do not settle cases, they often create the necessary conditions that allow settlement to happen.