Sample mediation statement

The term is unfortunate because it implies the mediator is expecting a specialized, formal document. Faced with writing and billing for yet another formal, legal document, many lawyers elect not to send anything at all to the mediator. Today I want to talk about some down-and-dirty ways to get mediation briefs done without spending a lot of time on them.

The key is to focus on the real purpose, which is to communicate information about the dispute to the mediator, in advance. Nobody is going to look at the brief except the mediator. You do not need a work of art.

sample mediation statement

In fact, your mediation brief — or at least the bulk of it — is probably already sitting in your files. Try looking at these documents:. Before a mediation, one of the most useful pieces of information I can get is a detailed demand package. If you are the plaintiff and you already have prepared a demand package that explains what happened, describes the injuries, and enumerates the damages, you essentially have a mediation brief ready to go.

I would appreciate your adding a sentence that tells me where the parties currently are in the settlement discussions. You can send me that response to show me your positions. If you have briefed any issue to the court, you probably included a facts sections to give the judge an understanding of the case.

Copy and paste that fact section into your mediation brief. If your case involves a dispute about what the law is, you may have briefed the issue to the court already. Again, copy and paste the relevant sections into your mediation brief. If trial is on the horizon, you may have prepared your pretrial order.

Alternative Dispute Resolution (ADR)

Given the advent of notice pleading, the complaint and answer may be very vague. But if they have some facts, they may be a good start. For many cases, someone made an accident or incident report that gives the basic details of what happened. If so, send it. If you have a photograph that is worth a thousand words or a smoking gun memo, send it to me. If it will not be obvious why the exhibit matters, you can send me a quick note about what you want me to look for in the exhibit.

If your case involves a dispute about the law, you may have already uncovered a critical case in your research.

sample mediation statement

Send me a copy of the case. It will help if you can give me a heads up on which sections of the case are the most important to your argument.As you probably know, the Rossville facility has an awful history of not complying with reasonable standards of care.

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This case is no exception to that unfortunate fact. Our clients are Ms. Because Mr. A few months before her death, Ms. Williams was living with her son and his wife. She was doing well and enjoying her daily routine which consisted of a lot of television. She could ambulate throughout most of the house with some limitations.

In Februaryafter having increasing difficulties with bowel irritation, caused by lack of blood flow in her colon, Ms.

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Williams had a subtotal resection with colostomy and ileostomy. After her surgery, Plaintiff was using what she was told would be a temporary colostomy bag. She went to Heritage after the surgery to recuperate where, parenthetically, she received excellent care but returned to Franklin Square after suffering from dehydration.

Five Tips for an Effective Mediation Statement

Upon discharge, she was admitted to Johnson Nursing. The care at Johnson Nursing was atrocious.

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On April 18,she had a leak in her colostomy bag. Johnson Nursing chose to solve the problem by putting a towel on her stomach. A towel. In extreme pain, Ms.

Williams had to call her daughter-in-law who drove to the nursing home. Her daughter-in-law saw the bag was disconnected and the feces were leaking onto Ms. Williams's abdomen and burning her. She immediately called It is such a simple, classic case of neglect that every juror will fully understand. The Franklin Square Hospital staff found the condition so atrocious that they called the Ombudsman reporting the condition.

Fecal matter infiltrated her body. Williams died of sepsis, respiratory failure and congestive heart failure. Defendant will half-heartedly argue at the mediation that Ms. Plaintiffs have filed suit and both parties have answered initial discovery. It is not going to be hard to convince a jury this is not how they want to die nor is it going to be difficult to convince them that the wrong approach to dealing with a leak in a colostomy bag is to throw a towel on it.

Accordingly, the liability case is very strong. Of these, the biggest problem is the cap. Regardless of her age or how conservative the jury pool may be, it is difficult to imagine a favorable verdict in this case for less than the cap.

In A Joint Session, What is Most Effective In the Lawyer's Opening Statement?

Plaintiffs certainly understand that some compromise is necessary to settle a case but Plaintiffs are not overeager to settle the case and are not willing to discount the value of the case.

Learn More.Defendants unilaterally decide if and when to voluntarily resolve any claim against them. And, hopefully for their assistance to you in preparing.

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Ironically, your opposing counsel, properly armed, will be your biggest ally in resolving your dispute. Rightly or wrongly, every Plaintiff feels wronged. You have set the stage for reasonableness, now ask for the same in return for your reasonableness. Burden of Proof is available in every mediation. Legal causation is always the biggest defense hammer.

Strength, not length! If so, with mutual compromise, we believe a resolution can be found. You are commenting using your WordPress. You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Notify me of new posts via email.

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Honeywell Mediation. Offering professional ADR services to those seeking success without trial. Home About. July 20, Find something to concede!

It is critical to build good will. Share this: Twitter Facebook.Re: Ron Vanderbilt v. Kevin Henderson Case No. The numbered paragraphs below correspond to the like-numbered paragraphs of your exemplary form for mediation:.

sample mediation statement

As a result of the accident the Plaintiff suffered from a crush injury to both of his legs; a fractured head of the left fibula; deep abrasions, swelling and bruising to both legs and knees; numbness in both feet and legs below the knees; right ankle pain; suffered from septic arthrosis; an anterior cruciate ligament tear; insertion of a pain pump and the explosion of the pain pump; osteofibrosis; scarring from arthroscopic surgeries; Septic arthritis of the left knee; permanent deformity of the fibula at the junction of the head; loss of movement in the left knee; popping in his left knee; permanent pain in the left knee; loss of strength and mobility; inability to kneel for extended periods of time as his job requires; inability to walk for long distances and inability to run.

Very truly yours, Ronald V. Miller, Jr. Learn More. Home Our Team Ronald V. Miller Jr. Laura G. Zois Rodney M. Gaston Justin P.

Zuber Lisa A. Search Search Search. Plaintiff Attorney Legal Information Center. Accident Claim Mediators. Sample Mediation Statement. Contact Us Free Consultation View More. Submit a Law Firm Client Review.And let me say at the outset that while I am, of course, right with this answer, I welcome feedback from others, including my mediator friends out there, who think wrongly…I mean differently than I.

But with that said, I have two answers for you. The first is the standard, generic answer that will work just fine for most mediation briefs. But if you are willing to go a little deeper into mediation psychology and toy with the possibilities of a more effective mediation brief, take a look at answer No. Answer No. While it might do in a pinch, so will a simple phone call with your mediator, and the phone call will invariably be more effective and useful.

Instead, try to think like a mediator and give him or her what he or she needs to do his or her job. Sure mediators are looking to understand the basic facts, law, and procedural posture of the case; but they are much more interested in discovering the BS — the Barriers to Settlement what did you think I meant?

Mediators are looking to discover the key one or two factual issues that are really in dispute; the one or two legal issues that the parties disagree on. What are the stakeholders really interested in. They want to know what the parties have already discussed in terms of settlement, and what they each think the problem is.

sample mediation statement

Instead, I think most mediation briefs can be done in fewer words than this verbose answer — seriously three to seven pages should do it, even ones for patent or other complex cases. And if you include the following topics, you will have provided your mediator with just about everything he or she needs to get the job done:. This should not be long or detailed; just enough to introduce the dispute.

Remember, we are simple people….

Sample Nursing Home Wrongful Death Mediation Statement

Where in the process is the case? What is the status of depositions and other discovery? When is trial? Who said what and what was the response? A little more introspection would be nice. This is generally the most valuable to your erstwhile mediator…the hardest to discern for the advocate, perhaps, but the most valuable nonetheless. Again, this can be done in 5 pages. Plus, if we are doing our jobs well, we will have had pre-mediation conference calls with each side, so we can delve into some of these topics in more detail if they seem particularly pertinent.

Confidential or not? I know this is your next question.

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Should you share your brief with the opposing party, or submit it to the mediator confidentially? Items 5 and 6 above in particular are ripe for confidential submission to the mediator. After all, the goal of the brief is to assist the mediator, not inflame the opposing party. And is it possible there could be any more to say about mediation briefs? I mean seriously, how complicated can this be?

But can you do better? This is a question I ask myself all too frequently. With respect to all aspects of the mediation process, from mediator selection, to briefing, to caucuses, to negotiating, to settlement, can you do better?

And with briefing, as with the other steps in the mediation process, you first need to consider your goal. Why even draft a brief? It would be faster, plus you could answer questions. In my view, the goal of the mediation brief is to help the mediator understand the dispute so he or she can be as effective as possible in assisting the parties explore settlement.Mediation Statements Providing the mediator with a mediation statement is your opportunity to educate the mediator about the key facts of your claims or defenses as well as many other important matters as described below.

Providing the mediator with this information—in advance of the mediation—will save time and energy at the mediation itself. It also is a good opportunity to explain your view of the law, particularly nuances in the law as they apply to your facts.

It is the time when you first introduce the mediator to the parties and witnesses and shed light on motivations and expectations. A mediation statement can be used as a tool to provide the mediator with confidential or sensitive information you may or may not want to use in the mediation. This is common, particularly in employment cases. Should this be the case, identifying it ahead of time in your mediation statement provides important perspective and allows you to get the mediator's sense of whether and how it could be used.

Your mediator should discuss such facts with counsel, and may even offer an opinion on the usefulness of disclosure.The mediation process begins with opening statements. The mediator will generally get the ball rolling by introducing him- or herself. At this time, it is advisable to set the tone for the proceedings. Mediation can be extremely tense and stressful for the parties involved, so it is helpful to try to create a positive, relaxed atmosphere where cooperation is encouraged.

All parties should be made aware that mutual respect would be expected, as there should be a desire from all involved to reach a resolution. In this article, you will learn how to facilitate the opening statements of the mediation process. Setting the Stage for Mediation. The mediator plays several roles in the preparation process, and one of the initial jobs will be to educate the complainant and the respondent.

This means taking some time during the opening statements to explain what your role will be throughout the mediation. After defining your role, you can also explain their contributions to the proceedings.

Both of these tasks help the mediator to create a sense of credibility with the parties. They will see you as being knowledgeable and authoritative. Once the parties have a reasonable expectation for what mediation can do for them, it is time to lay out the agenda. The mediator may provide it in written format or may just explain it to everyone present.

In doing so, he or she eliminates some of the worries that may exist. Once both parties realize that there is a plan of attack and that the items that are important to them are included on the agenda, it will lessen the anxiety.

While there are definite advantages to being seen as an authority in the mediation process, it can also be beneficial to create a rapport with the parties involved.

If they feel comfortable with the mediator, they are more likely to work toward a positive outcome. Foster this positive approach by establishing a pattern in which the parties are agreeable and positive. One simple method for doing this is to ask questions that you know will elicit an affirmative answer. There will also be procedural considerations to keep in mind, and sharing these with everyone will continue to establish you as an authority, as well as to lessen anxieties.

Let them know that you plan to take notes so that you can keep your thoughts straight, and offer pens and paper for them to do the same.

Mediation Statements

The mediator's training, as well as the needs of the clients, will come into play when determining the formality required for the proceedings.

In cases with extreme hostility, for example, it may be necessary to stick to a much regimented format to keep the entire process from stalling.

Creating these expectations will make your job easier and will improve the chances for a successful mediation. Once the ground rules have been set, the next step is to ensure that both parties are aware of what is expected from them. To drive this point home, obtain a commitment from all involved that they intend to mediate in good faith and to come to an acceptable outcome.


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