Michael T. Flynn is a senior litigation counsel at CNH America LLC, a global manufacturer of construction and agricultural equipment. As part of the North American Litigation Department, his responsibilities include defending product liability, personal injury, warranty, and fire claims. The litigation staff directly manages most pre-suit matters and outsources litigation on a regional basis. Not every claim should be mediated, such as those involving contrived legal theories, litigious law firms seeking past verdicts, or mediating claims that are not yet ripe can create unnecessary expenses and lasting hostility. When mediation is appropriate, certain factors should be in place like sufficient damages documentation and compromised liens to properly assess exposure.