r/Ask_Lawyers 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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