Mediation Resources

Agreement to Mediate:

All counsel and attending parties must execute a Mediation Agreement at or before the start of mediation. A copy of the Mediation Agreement is provided below:

Agreement to Mediate

Guide to Preparing for Mediation:

Mediation is a process and it usually starts even before the parties and the mediator meet for the mediation session. Although the Counsel for the parties are familiar with the process of the mediation, many times for the clients and other participants it is their first mediation. Proper preparation by the counsel and the parties is more likely lead to a full settlement of the dispute.  The link below provides a basic guide to preparing for mediation:

Guide to Preparing for Mediation

Mediation Briefs/Statements:

Sending mediation briefs or statements to the mediator is an important opportunity for the parties to educate the mediator about the key aspects of the claims, defenses, and other important matters in the dispute.  I encourage parties to send me their mediation briefs at least five days before the mediation.  Include all the relevant information and exhibits that you believe are important to understanding the issues in the case fully.  Generally, the mediation brief should be no longer than 15 pages.

Although I leave it to the discretion of the parties whether they share their mediation briefs with the opposing party, I believe it is helpful to the process of mediation if parties share their briefs with each other. However, if there are confidential matters that a party does not want to share with the opposing party, please provide that information to me separately.

Generally, the mediation brief should include the following:

  1. Statement of relevant facts and controlling law;
  2. Current status of the case;
  3. Any expert reports or analysis;
  4. Your description of damages and their values;
  5. Statement of prior negotiations, if any;
  6. Any known or perceived impediments to settlement,
  7. Any known or perceived factors that favor settlement;
  8. A list of who will be attending the mediation; their roles, decision-making authority; and their potential impact on the negotiations;
  9. A disclosure of confidential or sensitive information;
  10. Any unique interests or constraints of the party that may be relevant to settlement.