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. They want to know who’s calling the shots in each room and what those people are thinking. What are the stakeholders really interested in.

2014年2月14日 · In many cases it is the mediation briefs — the overlooked briefs that are often hastily prepared at the last minute — that most important briefs. Like other briefs, a quality mediation brief starts with a careful evaluation of the audience.

Guide to Developing a Mediation Brief This guide is intended to assist a complainant prepare for a mediation. A mediation brief helps you by setting out the facts that are important to you to raise at mediation and what you are hoping to get out of the mediation. This guide provides examples of details to include.

2024年5月15日 · Follow these seven steps to start having an easier time writing mediation briefs. 1. Confidential or Non-Confidential? Mediation briefs are often submitted to a mediator or panel under strict confidentiality during a typical mediation process.

A thoughtful, well-crafted, and timely mediation brief sets the stage for maximizing a mediation’s potential. It communicates more than the words printed on its pages. It tells the mediator that the brief proponent is serious and committed to resolving the dispute.

Mediation briefs have much in common with trial briefs. However, when crafting a mediation brief some differences should be kept in mind, including the differences between the mediation process and the litigation process.

2023年8月5日 · What is a mediation brief? The mediation brief provides an opportunity to present your client’s position in a compelling and persuasive manner and influence the opposing parties about the goals of settlement.

1. Exchanging Briefs – Are You Kidding? What do you expect to achieve by keeping your factual and legal analy-sis between you, your client, and the mediator? By submitting briefs in confidence, lawyers and parties relin-quish control over con-veying information to the other side. If everything in your brief is confiden-tial, how is the mediator

A mediation brief gives the advocate a unique opportunity to present the mediator with a thoughtful statement of the issues and goals from his perspective, outside the limitations and structure of the mediation session.

2013年12月4日 · While it is essential to explain in your brief how and why your position will ultimately prevail in court, consider the real purpose of your brief – to achieve an agreement among the parties. Then, consider how to craft the brief, and your tactics at the mediation itself, in order to reach that goal.