ADR Guidance > A Mediation Brief
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MEDIATION BRIEF

Suggested format for a mediation brief

 

[Attorney Letterhead]
(including fax no.)

 

Case No.

 

Plaintiff(s),
v.
Defendant(s),
__________________________/

 

MEDIATION BRIEF OF (PLAINTIFF/DEFENDANT, ETC), (PARTY'S NAME)

 

     

    • PARTIES AND COUNSEL
      1. Identify separately each Plaintiff and the respective attorney of record
      2. (Plaintiffs) Also identify each outstanding lien claimant and the total amount claimed by each
      3. Identify separately each Defendant and the respective attorney of record
      4. (Defendants) Also identify each insurance carrier and the name of the assigned adjuster or corporate representative
    • CASE STATEMENT
        Provide a short statement of the facts of this case
    • PLAINTIFF
        Explain your position on this case
        List all economic damages claimed in this case
        List all non-economic damages claimed in this case
        Specify attorney fees, if any, that may be awarded to you
    • DEFENDANT
        Explain your position on this case
        Specify attorney fees, if any, that may be awarded to you
    • LEGAL ISSUES
        Identify major disputed legal issues
    • FACTUAL ISSUES
        Identify major disputed factual issues
    • OFFERS
        Specify all 998 offers made
        What is the last best offer to settle made by each party?
          Plaintiff(s)
          Defendant(s)
          Other(s)
    • SETTLEMENT EFFORTS
        State what efforts have been made to settle
    • ATTACHMENTS
        Provide additional information or attachments, if any, which will aid the mediator (such as excerpts from medical or police reports, photographs, compilations of damages, contracts, arbitrator decision, etc.)


DATED:_____________
(00/00/00)

 


___________________________________
(signature)

 

 

Attorney for ________________________






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