Things to Include in a Mediation Summary for a Civil Case

Many of our clients provide a summary for the other parties and the mediator to review prior to the mediation.  If you are preparing a summary, here are some of the things you might want to include:

• A brief explanation of the important facts
• A brief review of the procedural status if there is a pending law suit
• A list of the key legal and factual issues
• An analysis of the damages
• A list of your strengths, both factual and legal
• A list of the strengths of others involved in the case
• The non-monetary needs of those involved
• Key documents, or a brief summary of those documents
• The status of discovery if litigation is pending
• The history of settlement discussions

 It may be important to communicate with Carol or Melinda before the mediation.  Some of the things you might want them to know before you arrive are:

•  Reasons the case has not settled
• Current barriers to settlement and any ideas for overcoming those barriers
• Prior relationships between those involved
• Any other information that would be helpful for the mediator to have