If you are preparing a mediation brief, then you need to read this article: Writing a Winning Mediation Brief by Dave Ezra. When written well, a mediation brief can help you achieve a successful resolution to your dispute – a key part of my course about how to prepare for mediation.
In his article, Ezra reminds attorneys that when drafting a mediation brief, they need to remember who their audience is. Usually, attorneys send a confidential brief to the mediator. But the mediator is not going to decide your case. Ultimately, a successful mediation depends on persuading the other party that it is beneficial to negotiate an agreement.
Considering your audience will make the brief more persuasive to the decision maker on the other side, but only if it is sent to him or her. So planning for the brief to be read by the opposing attorney, party or insurance adjuster (or all three) is important. This will allow you to focus on the facts and law that will be most persuasive in getting the case settled. Just make sure that your presentation is within the bounds of ethical requirements.
Ezra’s article also covers timing, structure and attachments to the mediation brief. Good information for attorneys as they seek to use mediation to help their clients avoid the time and cost of litigation.
If your law firm is interested in hosting a lunch and learn seminar (1 hour of General CLE credit) so that your attorneys are better prepared to successfully negotiate their case, click here learn more and schedule your presentation.