Mediation or arbitration can resolve a dispute between opposing parties and help reach a settlement. But before the process can begin, you must summarize the course of events leading to the dispute. The mediator or arbitrator will use the summary, or brief, to familiarize themselves with the facts of the case.
Mediation and arbitration involve the intervention of a third party to help negotiate a resolution. The difference is you can decide to agree with the mediator’s decision, while an arbitrator’s decision is legally binding. Both processes require a summary of key points and arguments and an overview of the progress of settlement discussions.
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Writing a brief can be a time-consuming process. At Fund Capital America, we can help you outsource it so it’s no longer a burden on your law firm. But it helps to understand what goes into writing a mediation brief.
Your brief should focus on the timing and facts of the events. It should also focus on the unresolved issues and factors that are making it difficult to settle on a decision. Applicable case law can be referenced as well.
What the summary should not do is attempt to justify a position or open with a demand or a “We want…” or “We will not…” statement that can result in a stalemate. Trying to educate the reader will miss opportunities to present solutions. Flooding the brief with negotiation strategies is also ineffective, as it will steer away from telling the full story.
The length of your brief is one of the most important considerations. Only include the pertinent details of the case. The facts should be structured into a document that’s no more than five pages long. That’s unless it’s a more complicated case involving multiple parties. In that case, your mediation brief may be as long as 15 pages. Check with your local court as it may enforce limits on the length of mediation or arbitration briefs.
Plan to get the brief to the mediator or arbitrator at least 30 days before the scheduled meeting date; 60 days is even better. This gives them enough time to evaluate the case and contact you if they need more details. Also, it’s probably not the only mediation brief they have on file, so delivering it sooner respects their time and ensures you can provide your client with high-quality service.
Review the brief for grammatical errors and be careful formatting it. Any mistakes can alter the meaning of your writing, which can complicate litigation. The quality of the document can make or break an opportunity to come to a favorable resolution for the client.
As you’re drafting a mediation/arbitration brief, try not to create a long-winded description of the case. Focus on key evidence and facts. Include documents, exhibits, or witness testimonies that prove your client’s position. The main elements to include, which can help lead to a creative solution, include:
We’ve discussed the elements that can help a mediation/arbitration brief lead to a favorable outcome for your client. But as an attorney, you have many other obligations. Fund Capital America has legal professionals who can draft a well-written summary. A mediation brief isn’t as simple to write as it seems. After all, you’re summarizing a case that’s gone on for weeks or months.
Our seasoned professionals:
We ensure you can represent your client in the most effective way possible. Our professional writers can also help your case go more smoothly. It’s one of many legal support services we offer so you or your law firm:
To learn more or take advantage of Fund Capital America’s mediation brief writing and other law firm services, call (855) 870-2274 today.
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