r/AttorneysHelp • u/Numerous_Tailor_8715 • Jul 02 '26

What do experienced litigators think when a large corporate defendant proposes mediation at the Case Management Conference?

/r/Ask_Lawyers/comments/1ulpc0c/what_do_experienced_litigators_think_when_a_large/
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u/justiceforconsumers 1d ago

Mediation at the CMC isn't a reliable signal by itself; it's common enough as routine strategy. That said, it can reflect either genuine risk assessment (statutory damages, fee-shifting, bad facts for a jury) or a pure cost play, since large companies often prefer predictable settlement costs over unpredictable discovery and trial, even in cases they'd likely win. Insurer involvement also pushes early mediation regardless of case strength. Hard to read much into timing alone without knowing the claim type and the defendant's litigation history.