Instead, I think most mediation briefs can be done in fewer words than this verbose answer - seriously three to seven pages should do it, even ones for patent or other complex cases.
#MEDIATOR 9 TEMPLATES TRIAL#
In short, we mediators want to help the parties settle their own case – we don’t need a detailed trial brief to help you do that. They want to know what the parties have already discussed in terms of settlement, and what they each think the problem is. What are the stakeholders really interested in. They want to know who’s calling the shots in each room and what those people are thinking.
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Mediators are looking to discover the key one or two factual issues that are really in dispute the one or two legal issues that the parties disagree on. Sure mediators are looking to understand the basic facts, law, and procedural posture of the case but they are much more interested in discovering the BS – the Barriers to Settlement ( what did you think I meant?). Instead, try to think like a mediator and give him (or her) what he (or she) needs to do his (or her) job. While it might do in a pinch, so will a simple phone call with your mediator, and the phone call will invariably be more effective and useful. Mediations are not summary judgments, so don’t take your old summary judgment brief, slap a new cover page and submit it as a “Mediation Brief.” Seriously, we don’t need all that law and argument. 2, which I’ll post separately next.Īnswer No. But if you are willing to go a little deeper into mediation psychology and toy with the possibilities of a more effective mediation brief, take a look at answer No.
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The first is the standard, generic answer that will work just fine for most mediation briefs. I wish I had thought of it.Īnd let me say at the outset that while I am, of course, right with this answer, I welcome feedback from others, including my mediator friends out there, who think wrongly…I mean differently than I.īut with that said, I have two answers for you. You offer as a suggested question, “What makes a good mediation brief?” Yes, I’d like your comments on that.ĭear Curious.