SAGE MEDIATION SERVICES

• Historically, more than 95% of construction lawsuits settle before trial.
  
  
• An even higher percentage of construction disputes where litigation has not initiated will settle without trial.
  
  
• Even if you don't want to mediate, most cases do -- in many jurisdictions, it is mandatory.
  
  
• From today forward you will spend time and money dealing with your dispute.  You might recover compensation from the other party/parties for that added effort, distraction, and expense, but statistically that is improbable.  It is more common that the parties will ultimately bear these future costs themselves, so prompt resolution will potentially be a more cost effective resolution.
  
  
• Of those construction disputes that do go to trial, the primary reason that they progress is that one or more parties significantly miscalculated their risk and probably outcome (i.e., they were unrealistic).  Hopefully, that isn't you.  An early mediation can greatly assist in a more accurate assessment of your position and probable final outcome.  Avoid the "winning is losing" outcome.
  
  
• Time is money.  The longer you wait to mediate, the more money you and the other parties will likely invest in the dispute.  The consequence is that the differential in dollars grows larger and cases become harder to settle.  This is a HUGE risk when the costs of discovery, experts, and legal process can become a large percentage of the probable outcome.
  
  
• Mediation is a wonderful reality check.  It forces a participant to clearly articulate their position.  It can force a focus on facts and away from agendas and assumptions.
  
  
• What have you got to lose?  For limited cost it allows you to better understand the other parties' position and gain some insight/perspective from a knowledgeable third party.
  
  
• Mediating early maximizes the parties' control of their own outcome.
  

"But I've been told that mediating too soon has risks."

So does getting up in the morning.  The risks of early mediation can be controlled.  It is possible that mediating early means the other party is stuck in their position, but they also have that risk with you.  There is a chance that you will share your "smoking guns" and they won't.  So, control what you share.  There is a risk that it will fail.  Reconsider "failure."  You will likely come out of a failed mediation with a better focus on your case and a better understanding of their case.  Many mediations "fail" at the session, but the seeds of resolution are planted for a later negotiated end.