The attorneys of Kramer Shull Reeths LLP

A Team With A Track Record Of Advocating For Wisconsin Insurers And Public Entities

Learn About The Benefits Of Early Mediation

Early mediation is conducted before a lawsuit is filed or early in a lawsuit before the parties engage in substantial discovery, motion practice and pretrial proceedings. In many cases, early mediation provides the parties with an opportunity to resolve their dispute without incurring significant litigation expenses.

At Kramer Shull Reeths LLP, we believe early mediation is an effective and strategic tool to resolve disputes, including complex cases.

As a mediator, John A. Kramer effectively assists parties in resolving their disputes in early mediations by helping them make reasonable predictions about future discovery and court proceedings so they can better evaluate their positions and risks.

Our experienced trial attorneys also encourage early mediation in appropriate cases to help their clients, including insurance company representatives, businesses and individuals, efficiently resolve their claims. We can help you determine if your dispute is appropriate for early mediation, assess and evaluate the issues, and represent you at mediation to assist in finding a resolution acceptable to you.

To schedule an early mediation with attorney Kramer, retain one of our attorneys to represent you in an early mediation claim or learn more about the advantages of early mediation, call us at 715-203-4534 or visit our contact page.

What Can Early Mediation Do For You?

It can:

Save You Time

One advantage of early mediation is the time you can save compared to engaging in litigation. Legal battles can last a long time. Early mediation allows you to resolve disputes faster due to the collaborative and flexible nature of the process.

Give You More Control Over The Outcome

Unlike a trial, where an unknown and often unpredictable jury makes decisions, mediation allows you to negotiate terms that work for all parties involved. By having control over the outcome, you can prioritize your needs and interests, and reach a resolution that better aligns with your expectations and is acceptable to you. Additionally, the parties can agree to keep mediated settlements confidential, protecting your reputation and keeping your disputes off the public record.

Save You Money

Litigation can be costly. Costs can quickly escalate due to legal fees, discovery expenses and expert witness fees. For insurance companies, defending a case through trial can easily exceed the reasonable settlement value of a claim. Conducting early mediation, before incurring these expenses, gives the parties more flexibility in resolving their dispute.

Why Is Early Mediation Often Better Than Late-Stage Mediation?

Early mediation can reduce the emotional and financial burden of a protracted lawsuit and damage valued personal or business relationships with the other party. Parties are generally more satisfied with the outcome of a dispute when they collaborate early to get it resolved, rather than mediating or negotiating a settlement near the end of the litigation process after they have invested substantial time and money. Early mediation can also be an effective way to manage risk.

How Does Mediation Save Time And Costs Compared To Litigation?

Mediation can help you save time and money over litigation by:

  • Avoiding or eliminating filing fees and other costs incurred at the start of a lawsuit
  • Making the process of beginning negotiations more efficient
  • Having fewer steps involved compared to litigation
  • Saving the expense of depositions and expert witness fees

The expediency and informality of the process can make mediation less time-consuming and expensive.

Does Early Mediation Work In Complex Or High-Stakes Cases?

Early mediation can work in complex or high-stakes cases. However, for mediation to succeed, the parties need to address or overcome critical, contested legal and factual issues; make reasonable assumptions about testimony and other evidence that will likely be developed through discovery; voluntarily exchange relevant documents and information with the other parties; and remain transparent about their positions.

Strategic Timing Is Crucial For Mediating Disputes

The key to a successful mediation is often identifying the point in the claims process or litigation when mediation will be most effective. However, for most cases, engaging in early mediation is effective even if the case doesn’t get resolved at that session. The early negotiations and assessment of the case in an early mediation can identify the key issues that require further information or a judicial ruling before the case can be settled. This enables the parties to focus their efforts on obtaining the necessary clarification, then return to mediation and reach an amicable resolution.

By engaging in mediation early, before incurring significant discovery expenses, we can help you adopt a more time- and cost-effective approach to achieving an amicable resolution for your dispute.

To schedule an early mediation with John Kramer visit his mediation bookings calendar at Kramer Mediations.