ADR Tip: August 17
I saw an article this week on how to write an effective mediation summary. It reminded me of a recent case I mediated. One party sent me a mediation summary that was very lengthy and formatted. The summary included a copy of the complaint, motions for summary judgment and several depositions. The other party’s summary was two pages long and contained a detailed section with the strengths and weaknesses of the case. It also had a paragraph analyzing a helpful case and the attorney’s interpretations of the law. Although both mediation summaries were very helpful, the shorter summary contained the most valuable information.
If you currently use a format in drafting mediation summaries, be sure to include the sections I mentioned above. Include a section with the strengths and weaknesses of your case and any applicable law of significance. Finally, all effective mediation statements should include the current status of settlement negotiations.