Pre-mediation submissions are extremely useful in helping the mediator, counsel and their clients prepare for the mediation session. Mindset for mediation requires a paradigm shift from that of litigation. Mediation focuses on the interests of parties, the future of the parties and requires a willingness to negotiate, collaborate and compromise with the other side.
Preparing pre-mediation submissions requires counsel to outline not only the factual history and legal issues in the case but also where their client would like to go with settlement and what that settlement might look like. It requires that both counsel and their client begin thinking about what they might be willing to concede and what they might be willing to offer, in order to shape a realistic and durable settlement. Counsel may choose not to include all of the above in their written submissions, but the paradigm shift in thinking for both counsel and client is key to the success of the mediation process.
Pre-mediation submissions should be given to the mediator well in advance so the mediator has time to read and digest your material.
To download a sample format of a pre-mediation submission, click here.
For more about pre-mediation submission, click here.