This is one of the questions I am asked most frequently. I have previously referred to Judge Coulson’s comments in Nigel Whitman Ltd v Smith - see paragraph 32 of that judgment. He described the common situation where the claimant wants early resolution asks for a mediator to be involved at a relatively early stage. On the other hand the defendant who may be the paying party wants time to assess the case against them.
My advice is to ask yourself if my opponent made me an offer to settle today would I be in a position to make a business or commercial decision about it. If the answer is yes arrange the mediation as soon as possible, further delay is only going to serve to increase the costs for both sides.
If the answer is no you are not ready. What further information do you need? If you really need it then concentrate your efforts on obtaining it and keep the situation regularly under review.
If you really can’t decide call a mediator. She will give you advice regardless of whether or not you intend to instruct them.
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