Normally, it takes time and effort to reach the stage where enough is known about the facts and the law so that mediation is likely to be fruitful. In civil litigation, this usually means that the following should be accomplished before mediation, either formally through the discovery process, or informally by agreement:
- Exchange of all documents (e.g., medical records) pertinent to the litigation;
- Expert disclosures, if issues are likely to turn on expert opinion;
- Depositions of the parties; and
- Identification of legal and factual issues likely to be dispositive.