MEDIATION BRIEF / POSITION STATEMENT

MEDIATION INFORMATION

Mediation Case No.: [NUMBER - if applicable]

Mediator: [MEDIATOR NAME]

Mediation Date: DATE

Related Litigation/Arbitration: [CASE NAME AND NUMBER, if applicable]

SUBMISSION INFORMATION

Submitting Party: [PARTY NAME] ("[CLAIMANT/DEFENDANT/RESPONDENT]")

Opposing Party: [OPPOSING PARTY NAME]

Date Submitted: DATE

Confidential to Mediator:
☐ Yes - This brief is confidential and not to be shared with opposing party
☐ No - This brief may be shared with opposing party

TABLE OF CONTENTS

I. Executive Summary
II. Parties and Background
III. Factual Summary
IV. Legal Analysis
V. Damages Analysis
VI. Strengths and Weaknesses
VII. Prior Settlement Discussions
VIII. Settlement Position
IX. Barriers to Settlement
X. Conclusion

I. EXECUTIVE SUMMARY

Nature of the Dispute

This dispute arises from [ONE-SENTENCE DESCRIPTION OF THE DISPUTE].

Key Issues

The central issues in this case are:

1. [ISSUE 1]
2. [ISSUE 2]
3. [ISSUE 3]

Our Position in Brief

[PARTY] believes that [BRIEF STATEMENT OF POSITION - 2-3 sentences summarizing why your client should prevail or what a fair resolution would look like].

Settlement Goal

[PARTY] is committed to resolving this dispute through mediation and seeks [GENERAL DESCRIPTION OF DESIRED OUTCOME - not specific numbers in this section].

II. PARTIES AND BACKGROUND

Our Client

[PARTY NAME] is a [DESCRIPTION - e.g., "a Delaware corporation in the business of manufacturing industrial equipment with headquarters in Chicago, Illinois"].

[PROVIDE RELEVANT BACKGROUND ABOUT THE CLIENT - size, industry, history, reputation, etc.]

The Opposing Party

[OPPOSING PARTY NAME] is a [DESCRIPTION].

[PROVIDE RELEVANT BACKGROUND ABOUT THE OPPOSING PARTY]

The Relationship Between the Parties

The parties' relationship began on DATE when [DESCRIBE HOW THE RELATIONSHIP BEGAN].

[DESCRIBE THE NATURE OF THE BUSINESS RELATIONSHIP - contract, employment, partnership, etc.]

[DESCRIBE THE HISTORY OF THE RELATIONSHIP - how long it lasted, significant events, etc.]

Procedural Posture

☐ Pre-Litigation: No lawsuit has been filed. The parties are attempting to resolve the dispute before litigation.

☐ Pending Litigation: A lawsuit was filed on DATE in [COURT]. The case is currently in [STAGE - e.g., discovery, awaiting trial].

☐ Pending Arbitration: An arbitration demand was filed on DATE with [AAA/JAMS]. The arbitration is scheduled for DATE.

☐ Court-Ordered Mediation: The Court ordered the parties to mediate before DATE.

III. FACTUAL SUMMARY

Undisputed Facts

The following facts are not in dispute:

1. [UNDISPUTED FACT]
2. [UNDISPUTED FACT]
3. [UNDISPUTED FACT]
4. [UNDISPUTED FACT]
5. [UNDISPUTED FACT]

Our Version of Disputed Facts

The following is our client's understanding of the disputed events:

[CHRONOLOGICAL NARRATIVE OF FACTS FROM YOUR CLIENT'S PERSPECTIVE]

Key Documents

The following key documents support our position:

Key Witnesses

IV. LEGAL ANALYSIS

Applicable Law

This dispute is governed by the laws of [STATE/JURISDICTION].

Our Legal Claims/Defenses

[If Claimant/Plaintiff:]

Claim 1: [CLAIM NAME - e.g., Breach of Contract]

Elements: [LIST ELEMENTS]

Application: [EXPLAIN HOW FACTS SATISFY EACH ELEMENT]

Claim 2: [CLAIM NAME]

[REPEAT FORMAT]

[If Defendant/Respondent:]

Defense 1: [DEFENSE NAME]

[EXPLAIN THE DEFENSE AND HOW IT APPLIES]

Defense 2: [DEFENSE NAME]

[REPEAT FORMAT]

Key Legal Issues

The primary legal issues in this case are:

1. [ISSUE]: [BRIEF ANALYSIS]

2. [ISSUE]: [BRIEF ANALYSIS]

Relevant Authority

[CITE KEY CASES, STATUTES, OR REGULATIONS THAT SUPPORT YOUR POSITION]

V. DAMAGES ANALYSIS

[If Claimant/Plaintiff:]

Categories of Damages Claimed:

Damages Calculation:

[EXPLAIN HOW DAMAGES WERE CALCULATED, WITH SUPPORTING DOCUMENTATION]

[If Defendant/Respondent:]

Response to Damages Claims:

[EXPLAIN WHY THE DAMAGES CLAIMED ARE EXCESSIVE, SPECULATIVE, OR UNSUPPORTED]

VI. STRENGTHS AND WEAKNESSES

[CONFIDENTIAL TO MEDIATOR - This section should only be included if the brief is confidential]

Strengths of Our Position

1. [STRENGTH]: [EXPLANATION]

2. [STRENGTH]: [EXPLANATION]

3. [STRENGTH]: [EXPLANATION]

Weaknesses/Risks in Our Position

1. [WEAKNESS/RISK]: [EXPLANATION AND HOW WE WOULD ADDRESS IT]

2. [WEAKNESS/RISK]: [EXPLANATION AND HOW WE WOULD ADDRESS IT]

3. [WEAKNESS/RISK]: [EXPLANATION AND HOW WE WOULD ADDRESS IT]

Strengths of Opposing Party's Position

1. [STRENGTH]: [EXPLANATION]

2. [STRENGTH]: [EXPLANATION]

Weaknesses in Opposing Party's Position

1. [WEAKNESS]: [EXPLANATION]

2. [WEAKNESS]: [EXPLANATION]

Litigation/Arbitration Risks

If this case does not settle:

• Best Case Outcome: [DESCRIBE]
• Worst Case Outcome: [DESCRIBE]
• Most Likely Outcome: [DESCRIBE]
• Estimated Litigation Costs: $[AMOUNT]
• Time to Resolution: [ESTIMATE]

VII. PRIOR SETTLEMENT DISCUSSIONS

History of Negotiations

[DESCRIBE ANY PRIOR SETTLEMENT DISCUSSIONS, OFFERS, AND COUNTEROFFERS]

Why Settlement Has Not Been Reached

[EXPLAIN ANY OBSTACLES THAT HAVE PREVENTED SETTLEMENT TO DATE]

VIII. SETTLEMENT POSITION

[CONFIDENTIAL TO MEDIATOR - This section should only be included if the brief is confidential]

Settlement Authority

[PARTY]'s representative at the mediation, [NAME], has authority to settle this matter for [DESCRIBE SCOPE OF AUTHORITY - may include ranges].

Opening Position

[PARTY]'s opening position at the mediation will be:

☐ $[AMOUNT]
☐ [NON-MONETARY TERMS]
☐ To be determined based on the mediation discussion

Settlement Range

[PARTY] is prepared to consider settlement in the range of:

• [If Claimant]: $[MINIMUM] to $[MAXIMUM]
• [If Defendant]: $[MINIMUM] to $[MAXIMUM]

Non-Monetary Terms

The following non-monetary terms are important to [PARTY]:

☐ Confidentiality of settlement
☐ Non-disparagement provisions
☐ [SPECIFIC TERM - e.g., apology, policy change]
☐ [SPECIFIC TERM - e.g., reference letter, reinstatement]
☐ Mutual release
☐ Dismissal with prejudice
☐ Other: [SPECIFY]

Walk-Away Point

[PARTY]'s walk-away point is approximately [AMOUNT/TERMS]. Below/above this threshold, [PARTY] would prefer to proceed with [litigation/arbitration].

IX. BARRIERS TO SETTLEMENT

Identified Barriers

The following issues may present barriers to settlement:

1. [BARRIER - e.g., Principal, Emotional Investment]: [EXPLANATION]

2. [BARRIER - e.g., Insurance Coverage Issues]: [EXPLANATION]

3. [BARRIER - e.g., Precedent Concerns]: [EXPLANATION]

4. [BARRIER - e.g., Third-Party Approval Needed]: [EXPLANATION]

Suggestions to Overcome Barriers

[PROVIDE ANY SUGGESTIONS FOR HOW THE MEDIATOR MIGHT HELP OVERCOME THESE BARRIERS]

X. CONCLUSION

[PARTY] is committed to resolving this dispute through mediation. We believe a fair resolution is achievable that addresses the legitimate interests of both parties.

We look forward to working with [MEDIATOR NAME] to achieve a mutually acceptable settlement.

SIGNATURE

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[ADDRESS]
[PHONE]
[EMAIL]

Attorneys for [PARTY NAME]

Date: _______________

ATTACHMENTS

☐ Key Contract/Agreement
☐ Relevant Correspondence
☐ Damages Calculation
☐ Expert Report (if applicable)
☐ [Other relevant documents]

MEDIATION BRIEF BEST PRACTICES

Tone:
- Persuasive but not adversarial
- Focus on interests, not just positions
- Acknowledge the other side's perspective where appropriate
- Express genuine interest in settlement

Content:
- Be honest about strengths AND weaknesses (especially in confidential sections)
- Provide the mediator with information needed to facilitate settlement
- Include realistic settlement authority information (in confidential section)
- Identify barriers to settlement and potential solutions

Length:
- Typically 5-15 pages for most commercial disputes
- Complex cases may require more detailed submissions
- Be concise while providing necessary information

Confidentiality:
- Clearly mark confidential sections
- Confirm with mediator whether brief will be shared
- Be more candid in mediator-only sections

NOTE: This mediation brief template is designed to assist parties in preparing for mediation. The specific content and format may vary depending on the nature of the dispute, the mediator's preferences, and the mediation rules applicable to the proceeding.