Mediation Tip: Handle "early" mediations
I handle many "early" mediations. They often settle, but have challenges, specifically the lack of sufficient information about the other side's case, & insufficient "litigation pain"inflicted. To improve chances of settlement, it helps to take that risk and share information with the other side: documents that will be produced anyway; documents that support your position; perhaps (w/ caveat) opening numbers or settlement ranges; briefs (you can send a separate short "confidential" brief to mediator). As for "pain", assess & help with your client's readiness to settle vs. see the other side squirm at depo, which costs time, money & emotion.