Preparing an effective mediation statement is a critical part of the mediation process. The mediation statement is often the document that gives the mediator his or her first impression of counsel and the client. It is particularly important when the mediator does not hold a joint session but proceeds immediately to caucuses.

The purpose of this article is to set out guidelines for counsel and their clients to prepare an informative and productive mediation statement.

Mediation Statement Should Be Confidential—i.e., for the Mediator’s Eyes Only—or a Hybrid of Confidential and Non-Confidential Elements