Whether filing a claim or are defending one, you want to achieve the best outcome possible. Sometimes people file lawsuits, then go to trial or try to settle. Using alternative dispute resolution methods like mediation has become a common and attractive way of handling legal disputes. Preparation is key, and that includes preparing a good mediation statement.
How Mediation Works
Arbitration and mediation are both forms of alternative dispute resolution. As the name implies, alternative dispute resolution offers parties involved in a legal dispute a different way to settle their differences.
During a mediation session, the parties and their attorneys meet with a mediator. The parties discuss their differences while the mediator works between the groups. The ultimate goal is for the mediator to facilitate a settlement agreement between the parties.
It’s essential to give the mediator a clear picture of your position.
Writing Your Mediation Statement
A recent article in the American Bar Association Journal provided the following five tips for preparing an effective mediation statement:
- Start with a short, concise paragraph that lists the parties involved and briefly summarizes their claims. This section gives the mediator time to learn about the case before digging into the facts.
- Write a summary of all facts and demands that will help the mediator quickly understand the case.
- Provide a history of prior settlement discussions to help the mediator strategize before your mediation session. Be specific about demands, offers, and court rulings. If you have not tried to settle the case before, this is the time to explain why.
- The next section of your mediation statement should focus on the strengths and weaknesses of your case. Here, again, this section can help the mediator begin thinking of ways to facilitate compromise.
- In the final part of your mediation statement, offer suggestions for getting the mediation off on the right path to settlement.
Get Your Mediation Off to a Great Start
A successful mediation can save you time and money. Why not start with a good mediation statement that helps the mediator focus on essential details and issues?
Attorney Bruce Adams is an Alabama attorney who knows how to listen to his client’s legal concerns and provide actionable advice. He also offers mediation services. Please contact Bruce at 256-237-3339 to set up an appointment. Our office is located in Anniston, Alabama, but we assist clients in surrounding Calhoun, Cleburne, Etowah, and St. Clair Counties.