How do you write a mediation brief?

By Mark A. Romance

  1. Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake.
  2. Provide a concise summary of the facts and claims.
  3. Summarize prior settlement discussions.
  4. Identify strengths and weaknesses.
  5. Bring it home.

How long does it take to draft a mediation brief?

about 4-6 hours
Mediation Briefs 101 With luck, it can be written, edited and assembled in about 4-6 hours. Introduction: 200+/- words describing the type of case and a short version of the facts and damages.

How do you write a mediation opening statement?

Good morning, I am , from the mediation program. I am your mediator today, which means that I am here to help you and to aid your efforts to resolve your conflict. To help you, I will stress three things: One, your voluntary participation.

What should be in a mediation statement?

A good mediation summary will include some key components, tell a story, take the right tone, provide evidence, and include a discussion of risk. Your summary should include a brief case description and the legal issues involved in it. Introduce what the dispute is concerning.

How do you win mediation?

Mediation: Ten Rules for Success

  1. Rule 1: The decision makers must participate.
  2. Rule 2: The important documents must be physically present.
  3. Rule 3: Be right, but only to a point.
  4. Rule 4: Build a deal.
  5. Rule 5: Treat the other party with respect.
  6. Rule 6: Be persuasive.
  7. Rule 7: Focus on interests.

How long should a mediation statement be?

Mediation statements are designed to be a brief (5 pages or less) summary of the background of the case, what the party is seeking to accomplish in mediation, relevant market standards and statutes to inform and persuade, and any areas where the parties might focus their attention to build an agreement.

What is a mediation summary?

Mediation summaries offer a unique opportunity to craft precisely the message you wish to send the other side – without interruption, confident it will be read. A written summary designed to influence the decision making process on the other side can move the dispute a long way toward settlement.

How do you present yourself in mediation?

Guidance: Preparing Yourself for Mediation

  1. Ensure that both party and representative are present, fully informed and have authority to resolve the dispute.
  2. Expect the unexpected.
  3. Listen, listen, listen!!
  4. Watch those tactics.
  5. Be prepared for mediation.
  6. Be imaginative.
  7. Watch yourself.

How do you win at mediation?

What are the 7 stages of mediation?

There are 6 steps to a formal mediation; 1) introductory remarks, 2) statement of the problem by the parties, 3) information gathering time, 4) identification of the problems, 5) bargaining and generating options, and 6) reaching an agreement.

Can a plaintiff’s attorney use a mediation brief?

The plaintiff’s attorney can use the mediation brief to influence the defendant’s attorney and the defendant’s liability insurer. In some instances, the mediation brief will address liability issues, damages issues, and coverage issues.

What is the Maryland personal injury mediation form?

The numbered paragraphs below correspond to the like-numbered paragraphs of your exemplary form for mediation: Describe the nature of the case: This is a personal injury case. On March 10, 2004, the Defendant Donald Henderson was attempting to operate a Kawasaki ATV on his property at 3488 Largin Drive in Bowie, Maryland (Prince George’s County).

Which is the perfect opening statement for mediation?

See, “Mediation: One Sample for a Perfect Plaintiff’s Counsel Opening Statement?”, April 15, 2016. An apparently popular read, I now propose my sequel for the “perfect” opening statement in the same personal injury-type matter from the perspective of the Defense counsel.

What are the terms of a mediation agreement?

State the terms of your demand to settle this matter, actually communicated to the Defendant: Plaintiff has demanded $375,000 before either party considered the future lost wages component of this case. What figure are you willing to settle for? Counsel has discussed this issue with Plaintiff who has not yet made a final determination.