Modern Mediation: The Mediation Statement

Detailed advance written Mediation Statements from the participating lawyers have long been a staple of mediations.

Are they worth the effort and cost? I think the answer is “it depends.” Whenever possible, I like to talk to the lawyers in advance so they can focus on what they really need me to know, and we can figure out how best to get me that information.

Sometimes it’s just a couple of documents or a timeline they have already prepared. Sometimes, it’s a court ruling in the case or a summary judgment briefing. Perhaps it is some selected deposition testimony or analysis of the relevant case law. Short phone calls with each lawyer might be all that is needed.

The important thing is that there is some substantive advanced communication so that the mediator knows what they are walking into.