When to Mediate
There is a simple answer to the question of when to mediate: when the parties feel they have sufficient information to meaningfully define their essential interests, what areas of agreement they may share, what issues separate them, and those areas of so-called “common ground” that might provide the basis for resolution.

While each case is obviously different, often (but not always) this means after some discovery has been conducted by the parties. This does not mean that every “stone” must be turned over, though, before mediation can be productive. Early mediation can frequently be quite valuable in advancing a case toward resolution.

Please see Legal Triage--Ten Points to Ponder When Making Decisions About Legal Problems, for an analytic framework that may be helpful in deciding when a case is ripe for mediation.