Q: Is it possible to bring up Mediation before an actual suit or action is filed?
A: Absolutely. In fact, in many commercial contract settings today, “Good Faith Submission to Mediation” is a prerequisite to filing suit or requesting appointment of Arbitrators. In most instances submission to ADR, including mediation or arbitration, is a result of agreement between the parties, and they are not limited to pre-dispute contractual ADR. Like-minded opposing counsel can always recommend to their warring clients that a mutually beneficial low key and PRIVATE resolution of their dispute is in their best interest. Particularly well-suited to mediation, in this writer’s view, are family –related disputes; estates, or estates planning, elder care, family business succession, all such disputes, when fraught with legally irrelevant, yet vital core interests can potentially benefit from effective application of Mediation Process.
Speak Your Mind