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Mediation/Arbitration Briefs

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Fund Capital America: We Can Write Your Mediation Brief or Arbitration Brief

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.

What Is a Mediation Brief?

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.

Mediation Brief | FCA

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How to Write a Mediation/Arbitration Brief

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.

Keep It Short

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.

Time Your Submission

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.

Proofread the Brief

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.

Know What to Focus On

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:

  • Summary of Facts: Organize and state undisputed and disputed facts to show the story and how the conflict escalated. You can also help visualize scenarios for resolving it. Don’t attempt to justify a position or fact.
  • Chronology: Outline the procedures involved in the case, such as any offers, demands, or attempts to negotiate a settlement. A chain of events can help each side realize their position. Meanwhile, this procedural history can help both parties realize they’re not as far apart as they thought.
  • Analysis of Case Law: Use an analysis of relevant case law to demonstrate the strengths and weaknesses of each side. Analyzing the case from different perspectives can help anticipate issues the other side may bring up. You can also strategize how to deal with them.
  • Identify Decision-Making Factors: Your mediation brief should consider factors that lead a client to accept or reject an offer. These factors can include having enough money to pay medical bills. Or their priority may be to manage costs, minimize tax impacts, enforce settlement terms, preserve a family relationship, or meet emotional needs. Identifying any unresolved issues will help make key decisions and consider potential solutions.
  • List Issues To Resolve: List all the issues your client wants to resolve and identify at least three possible solutions for each. Draw on the work you’ve already done. By engaging the other side in drafting terms and conditions, you can demonstrate a client’s good faith interest in reaching a settlement.

Why Let Fund Capital America Write Your Mediation Brief

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:

  • Are trained to find the most valuable information about a case
  • Can highlight the most important facts to make the story compelling
  • Have knowledge of the legal process and what mediators look for

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:

  • Have time to focus on other more important tasks
  • Benefit from our fast and reliable turnaround time
  • Receive a high-quality, error-free mediation brief that highlights the key evidence
Arbitration Agreement | FCA

Contact Us Today

To learn more or take advantage of Fund Capital America’s mediation brief writing and other law firm services, call (855) 870-2274 today.

Has your case settled, but you still haven't received your settlement check? apply for post-settlement funding with fca legal funding

contact-us-form

"*" indicates required fields

How can we contact you?*
Custom Checkbox
By providing my contact information and clicking 'submit', I am giving FCA Legal Funding and its partners and affiliates permission to contact me about this and other future offers using the information provided. This may also include calls and text messages to my wireless telephone numbers. I also consent to use of emails and the use of an automated dialing device and pre-recorded messages. I understand that my permission described overrides my listing on any state or federal 'Do Not Call' list and any prior listing on the 'Do Not Call' lists of our partners. I acknowledge that this consent may only be revoked by email notification to info@fundcapitalamerica.com.
This field is for validation purposes and should be left unchanged.