Why Year-End Mediation Works: Resolve Disputes Before the New Year

As we approach the final months of the year, I often see a shift in how parties view the need to resolve ongoing litigation. November and December stand out as the months when parties often have additional incentives to settle cases through mediation. From my experience as a mediator and trial lawyer, this period offers a unique combination of practical and financial factors that encourage parties to settle.

This post explores why year-end mediation works so well, how mediators can use this momentum, and why it makes sense for attorneys and clients to consider scheduling mediation before the calendar flips.

Year-end mediation planning with legal documents and calendar

Why November and December Drive Resolution

By the time November rolls around, most businesses and legal teams feel the pressure to close their books and wrap up outstanding matters. This creates a natural push toward settlement. I often tell clients and colleagues: “Once you get to November or December, everyone’s trying to close the books — it’s the time when lawyers and clients want resolution, not another hearing date six months down the road.”

Several factors explain this urgency:

• Budget deadlines: Many companies have fiscal years ending in December. They want to finalize expenses and liabilities before closing their financial statements, often for tax reasons.

  
  

• Risk reduction before audits: Unresolved disputes can complicate audits and financial planning. Settling before year-end reduces uncertainty.

  
  

• Executive bonuses and incentives: Leadership teams often have performance bonuses tied to year-end results. Settling disputes can help meet those goals.

  
  

These elements combine to create a strong incentives for parties to engage seriously in mediation during the last two months of the year.

How Mediators Can Use Year-End Momentum

As an ADR specialist, I see the year-end timing as a strategic advantage. The natural pressure to resolve disputes means both sides often come to the table more willing to negotiate in good faith.

Here’s how mediators can help harness this momentum:

• Preparation: Encourage parties to come ready with clear goals and realistic expectations. Preparation speeds up the process.

  
  

• Efficiency: Use focused sessions to address key issues quickly. Avoid unnecessary delays or distractions.

  
  

• Building momentum: Once parties start making progress, keep the energy moving forward. I always focus the early sessions in a mediation on issues where I expect the parties to reach agreement quickly (e.g., a draft term sheet or standard non-monetary terms). Small agreements early on can build trust and lead to full resolution.

  
  

For example, in a recent mediation I handled in Texas, the parties were stuck for months. We scheduled sessions in November, and the looming year-end deadlines pushed them to prioritize settlement. We reached an agreement in two sessions, saving months of litigation and additional costs.

Mediation as a Strategic, Human-Centered Solution

Year-end mediation fits perfectly with my broader philosophy: mediation is a strategic tool that focuses on people, not just paperwork. It saves time and money by avoiding drawn-out pretrial and posttrial proceedings.

Disputes are often about more than legal points — they involve relationships, reputations, and future business. Mediation allows parties to address these elements directly, which is especially important as the year closes and people want to move forward.

By choosing mediation during November or December, attorneys can help clients avoid the distraction and expense of continuing conflict into the new year. It’s a practical, efficient way to resolve disputes that benefits everyone involved.

Mediator facilitating agreement during year-end mediation session

Practical Tips for Attorneys Considering Year-End Mediation

If you’re an attorney weighing whether to suggest mediation before year-end, here are some tips based on my experience:

• Start early: Don’t wait until December to schedule. November is often the sweet spot to allow enough time for preparation and negotiation.

  
  

• Communicate the benefits: Explain to clients how settling before year-end can improve their financial outlook and secure tax benefits.

  
  

• Choose an experienced ADR specialist: A skilled mediator familiar with business disputes in Texas can guide the process efficiently.

  
  

• Set clear goals: Help clients define what a successful resolution looks like so the mediation stays focused.

  
  

These steps help ensure the mediation process is smooth and productive, making the most of the year-end timing.

Calendar highlighting mediation dates in November and December for year-end dispute resolution

Moving Forward with Year-End Mediation

If your case is still open as the year winds down, consider the advantages of scheduling mediation now. The combination of budget pressures, risk management, and tax consequences creates a unique window to resolve disputes efficiently.

In mediations, I often hear from both sides about year-end tax reasons for a resolution. Because of those considerations, I often tell the parties:. "If you can get to yes before Christmas, that maximizes the chance that the settlement payment will be made this fiscal year, which is often good for both sides.”

To explore how year-end mediation can work for your case, I invite you to schedule a session with me through RobisonADR.com. Let’s use this time to bring your dispute to a close and start the new year fresh.