Can mediation occur before a lawsuit is filed?
General Mediation
Answer
Yes. Pre-suit mediation can allow parties to resolve a dispute before incurring substantial litigation expense. It is common in commercial, employment, construction, insurance, partnership, healthcare, and family-related matters. Contracts sometimes require mediation before either party may sue or demand arbitration.
Reviewed by Wayne Lazarus on September 13, 2026.
This information is educational and is not legal advice.
Reviewed by Wayne H. Lazarus, attorney with more than 50 years’ experience, member of the State Bar of Georgia and The Florida Bar, and of Alternative Dispute Resolution sections.