This is the seventh article in a series on mediation advocacy. The sixth article, published June 29 (“Mediation Preparation: Don’t Let the Informality Fool You“), discussed how to prepare for the mediation. The article continued a scenario in which the parties, Widgetronics and DesignMetrics, entered into a contract containing a dispute resolution clause and became embroiled in a dispute over Widgetronics’ alleged wrongful termination of the contract. The parties participated in the preliminary mediation conference, during which the mediator requested pre-mediation submissions. This article covers how to approach that submission.
As explained in the prior article, many attorneys make the mistake of underestimating the importance of preparing for the mediation. Given the high success rate of mediations, counsel should treat their preparation for mediation as they would any other case-dispositive event and prepare their pre-mediation submissions with the same focus and attention to detail as they would any other key briefing. The pre-mediation submission is a golden opportunity to educate the mediator regarding information that will help settle the case and to establish credibility with the mediator. Considering its importance, the pre-mediation submission should be prepared by an experienced attorney who understands effective mediation strategy and advocacy.
