The Strategic Value of Closing Early

It's tempting to think of mediation as something for contentious, high-risk, or emotionally driven files. But some of the most successful mediations I run come from a different place entirely:

Strong defence files with solid legal footing - and strategic counsel who want to close the loop.

Here's why resolution makes sense even when the law and facts are on your side.

1. Cost Certainty vs. Courtroom Principle

Even with high confidence on liability or exposure, trial costs are real:

• Surveillance updates

• Multiple discoveries

• Expert reports that might never get used

When you can resolve early for an amount below projected defence costs, that's not a capitulation - it's good business.

2. Risk Isn't Binary

Strong doesn't mean bulletproof.

Even in favourable files, you're dealing with:

• Judge variability

• Sympathetic plaintiffs

• Procedural unpredictability (especially in Small Claims or simplified procedure)

• Opposing counsel working to increase your risk over time

A 90% win with a bad decision or appeal is still a 100% headache.

3. Strong Files Make for Smoother Mediations

When you're confident in your defence:

• Your offers are anchored in logic

• Your tone is composed, not defensive

• You can be open to structure and creative resolution

This dynamic often leads to quick, clean settlements that make you look strong and reasonable to clients, adjustors and mediators.

4. You Get Credit for Moving First

Plaintiff counsel might not take the first step in strong defence cases - especially when they know they're on the back foot. But when defence extends a modest, realistic offer early, it creates:

• A signal of control and credibility

• A clear invitation to wrap things up without drama

• An efficient path to closure

You don't need a weak file to pursue resolution. In fact, strong files often resolve faster, cleaner and at better value - if defence takes the lead.

At Shafman Resolutions, we've helped resolved many cases where a well-prepared defence team made the first move - not because they had to, but because they could.

If you're managing a file that's legally sound but strategically ready to close, let's get it off your desk.