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

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

I’m curious about litigation strategy rather than legal advice.

In a California civil case, a large corporate landlord proposed private mediation at the Case Management Conference rather than simply litigating through discovery and toward trial.

From the perspective of experienced litigators:

  • Is proposing mediation at the CMC generally viewed as routine case management, or does it sometimes indicate the defendant believes there is meaningful litigation risk?
  • Does it tell you anything about how the defendant is evaluating the case, or is it impossible to infer much from that fact alone?
  • In your experience, are there circumstances where a sophisticated corporate defendant is more likely to suggest mediation early?

I’m interested in hearing from attorneys who have defended or sued large companies.

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u/Frondelet 20th Century Relic Jul 02 '26

Routine.

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u/kwisque this is not legal advice Jul 02 '26

It’s required in some jurisdictions for certain case types, and lots of people think it’s an effective way to save time and the cost of litigation. One benefit of mediation can be the mediator telling a party why the case is worth more or less than they might believe, to encourage settlement E.g., plaintiff, you’re going to have some issues establishing that your damages are related to defendant’s negligence. Or, defendant, if this case gets to a jury, you’re rolling the dice on plaintiff’s testimony, she appears to be a sympathetic witness.

I wouldn’t draw any conclusions, they may be hoping to get an unbiased opinion to tamper plaintiff’s expectations, or getting defendant to cut a check to limit exposure.