I really like the idea of an early mediation, but only if I think we can get somewhere. Max's story about no responses to offer letters is common, and (if I can be a little cynical) in some cases can be explained as the lawyers wanting to bill more on a case before they get serious about a settlement. I am not suggesting that this is a universal motive, and I have had clients that refused to negotiate, and instead wanted me to bring additional claims.

Another tactic is to schedule a pretrial conference with the judge early in the case. Some judges have a strong impression on clients and can push them toward settlement.

Business litigation is usually (but not always) about money. The plaintiff wants more and the defendant(s) don't want to pay anything, or much less than the plaintiff claims, or think they should be paid. I often tell clients and colleagues that parties are almost always better off making their own decisions, rather than rely on others to make the decision for them.

I too am looking forward to your thoughts and comments.

Gavin Craig