Many mediation statements lack information essential to the Mediator’s understanding of the case. An effective statement will be submitted on time and will include: 1) a brief statement of facts, issues and positions; 2) attached critical pleadings, e.g., complaint, answer and affirmative defenses, pending motions for summary judgment, important orders entered by the court; 3) attached highlighted copies of critical documents and of controlling statutes and cases; 4) current status of pre-mediation settlement negotiations; 5) identity and relationship to case of parties who will attend the mediation; 6) identity of non-parties whose input may be necessary to reach a settlement; 7) any obstacles to settlement.
Francis Carter
