I talk to clients all the time about trying to get their case settled. Many times when we can't get a case settled before a lawsuit is filed and we file our lawsuit, we find that about seventy to seventy-five percent of cases end up getting settled at a mediation conference before a trial date is set. So, why does this happen? Why does a case settle at mediation that wouldn't settle before the lawsuit was filed?
I think the first thing is that for the first time, the defendant, the defense lawyer gets to meet our client. They probably have never seen them. They get to talk to them face to face at a deposition and get to "size them up" as a witness of trial and how they think a jury will receive them.
And, I think the second thing is once a lawyer gets involved in your case after a lawsuit has been filed, in other words, once the defense moves it from a claims adjuster to a lawyer to handle it, they find out more about the case than they typically knew before the lawsuit was filed.
So, I think it's a combination of learning more and getting to know the client personally that makes the odds of getting your case settled at mediation so much greater.