Pre-trial & mid-litigation mediation

By the time a case approaches trial, parties have typically invested substantial resources in discovery, motion practice, and trial preparation. Yet many cases that reach the eve of trial still settle, often because the parties and their counsel finally confront the full cost and risk of proceeding. Trial mediation creates the opportunity to resolve earlier, when the facts are known but before the final expense of trial.

Seric Fallon, Esq. provides pre-trial and mid-litigation mediation for parties and counsel nationwide. With approximately 19 years of experience managing complex litigation through discovery, motion practice, and trial preparation, he understands what counsel and clients face at this stage, and can help parties evaluate their positions with the clarity that leads to settlement.

When trial mediation makes sense

Trial mediation is appropriate when parties have enough information to assess their case realistically but have not yet committed to the full cost and uncertainty of trial. Common scenarios include:

• Cases approaching trial date with settlement still possible
• Mid-litigation after discovery is substantially complete
• Post-summary judgment when trial risks are clearer
• Court-ordered mediation in pending litigation
• Cases where prior settlement discussions stalled
• Multi-party litigation requiring coordinated resolution

Even when earlier mediation attempts were unsuccessful, a fresh session with a prepared mediator, at a point when both sides fully understand their exposure, can break impasse.

The value of a trial-experienced mediator

At the pre-trial stage, parties need a mediator who can engage on the merits, not simply shuttle offers between rooms. Seric's litigation background allows him to quickly understand case strengths and weaknesses, evaluate realistic trial outcomes, and help parties and counsel move beyond posturing toward informed settlement decisions.

He reviews pre-mediation briefs and supporting materials thoroughly before every session. He expects counsel to come prepared to discuss the case substantively, with clients who have settlement authority or immediate access to decision-makers. His approach is direct: identify the real obstacles, test assumptions about trial outcomes, and explore whether a negotiated resolution serves both parties better than continued litigation.

Cost of trial vs. settlement

• Trial expense: Expert witnesses, trial preparation, court time, and post-trial motions can cost multiples of earlier litigation phases.
• Uncertainty: Even strong cases face jury unpredictability and appellate risk.
• Time: Trial dates slip, appeals extend timelines, and resolution can take years.
• Distraction: Executives, professionals, and individuals face ongoing disruption until the case concludes.

Mediation at the pre-trial stage allows parties to capture the benefit of completed discovery while avoiding the final, and most expensive, phase of litigation.

Court-ordered and voluntary pre-trial mediation

Florida courts frequently order mediation in pending civil cases. Parties may also voluntarily schedule mediation at any point during litigation. Fallon Mediation is available for both court-referred and privately scheduled pre-trial mediation in Florida and D.C. Counsel can contact Seric Fallon directly to discuss scheduling, format, and case-specific considerations.

Virtual pre-trial mediation nationwide

Virtual sessions are particularly practical when counsel and clients are in different states or when trial preparation schedules make travel difficult. Remote mediation follows the same structured process and confidentiality protections.

Preparing for pre-trial mediation

Effective pre-trial mediation requires thorough preparation. Pre-mediation briefs should address liability, damages, key evidence, and prior settlement discussions. Decision-makers with settlement authority should attend or be immediately reachable by phone. Seric expects parties to engage seriously, pre-trial mediation is most successful when both sides are ready to evaluate their case honestly and explore resolution.

Learn more about our process on the mediation process page, or explore civil mediation, commercial mediation, and insurance mediation.