Ideally use a mediator as early as possible. Maybe you have noticed something is very "off" with a contractual business relationship, but you don't know what. Use one then, be proactive - don't let the situation drift - take control. Certainly use before you have pressed "go" on litigation, don't wait until ordered to by the judge - if possible. This is not you showing weakness, but simply a desire to focus on building a business, not destroying a relationship.

 

Judges are now often directing litigants to go to mediation and if that option isn't taken up (or is, but not taken seriously), even if a litigant wins a case, costs can be awarded against the winner because mediation has not been actively pursued.  Small claims (below £10K) must now go to mediation.

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Or in the case of workplace mediation use the services of a mediator  before an employment tribunal and preserve the relationship. ​

 

There are many reasons why mediation works and is a better option to a confrontational approach.

 

Not least of these are the more creative opportunities that participants can agree to (options not available at court or at an employment tribunal). But for me an even more important reason is there can be preservation and even transformation of a relationship which leads to a  re-invigoration.