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Mediation Statement is Key to a Successful Outcome

Monday, April, 18, 2011


A mediation statement is an important part of the process of arriving at a successful outcome for a client.  A mediation attorney will often ask the client to prepare a written statement explaining his or her perspective of the issues involved. 

 

What Mediation Statements Should Include

 

The client should summarize the facts of the case as well as any problems or issues he or she is aware of.  Any written documentation that is relevant to the disputed facts should be included along with the mediation statement.  It is good practice to highlight key points on these documents or attach sticky notes to point out important parts of them.  Otherwise, the mediation attorney might not understand why you view the documents as relevant.

 

Although statements can be helpful to a mediation attorney, it is important that the statement itself be succinct.  Clients are emotionally invested in the details of the case and may be tempted to discuss them at great length.  This is a mistake since a mediation attorney bogged down in extraneous detail will not be able to work as efficiently on the case.

 

Mediation attorneys differ as to whether mediation statements should be shared with the parties on the other side of the conflict.  Many regard this practice as a sound way to begin mediation, but clients should discuss this issue with their mediation attorneys when the statement is delivered.