Most people think of mediation as a last resort — something to try when all else has failed, when solicitors’ letters have been exchanged for months and court proceedings are already underway. In practice, the earlier you consider mediation, the better your chances of a good outcome and the lower your costs will be.
Before you issue proceedings
The best time to consider mediation is before litigation has begun. At this stage, neither party has invested months of legal costs in their position, emotions are less entrenched, and both sides are more likely to approach negotiations with an open mind.
If you have a dispute that you cannot resolve directly, raising mediation early sends a constructive signal. It is not a sign of weakness — courts and lawyers recognise it as a sensible and proportionate response to conflict. And if the other side refuses unreasonably, that can itself have costs consequences if the matter later goes to court.
When costs are beginning to mount
Litigation has a way of generating costs faster than most clients anticipate. Once solicitors are instructed on both sides, correspondence multiplies, expert reports are commissioned, and a trial that seemed months away begins to feel uncomfortably close.
If you find yourself asking whether the costs of continuing are beginning to approach the value of what you are fighting over, that is often a sign that mediation deserves serious consideration. A single day’s mediation costs a fraction of what a contested hearing will cost — and most mediations settle.
When the outcome is uncertain
Even in cases where one party has a strong legal position, litigation is unpredictable. Judges can and do reach unexpected conclusions, particularly in property and boundary disputes where the facts are contested and the law is uncertain. A case that looks strong on paper can unravel under cross-examination or produce a judgment that satisfies neither party.
Mediation allows you to reach a settlement you have chosen, rather than accepting a judgment that has been imposed. That certainty can be worth a great deal — especially when the alternative is months more of uncertainty, stress and cost.
During ongoing litigation
It is never too late to mediate. Many cases that have been running in litigation for a year or more — sometimes longer — are resolved at mediation, often on the eve of trial when both parties have finally come to terms with the costs and risks they face.
The Civil Procedure Rules expressly require parties to consider alternative dispute resolution at every stage of proceedings. If you have not yet attempted mediation, your solicitor will almost certainly raise it — and the court may ask whether you have done so.
When the relationship matters
If you are in dispute with a neighbour, a business partner, a landlord, or someone else you will continue to have dealings with after the dispute is resolved, litigation is rarely in your interests. The adversarial process hardens positions, destroys goodwill and makes resolution harder over time. Mediation allows a settlement to be reached without those lasting consequences.
In short
There is rarely a wrong time to consider mediation, but there are better and worse times. Earlier is usually better — before costs escalate, before positions harden, and before the prospect of settlement feels remote. If you are in doubt, a short conversation costs nothing.