A mediation brief summarizes the facts, analyzes liability and damages, addresses the opposing position, and states a settlement position. Briefs may be exchanged or submitted confidentially to the mediator alone.
Mediation confidentiality statutes generally protect the submission.
Alternative Names:
Confidential Mediation Submission, Mediation Position Paper
Why it Matters?
The confidential versus exchanged decision shapes what the brief can accomplish. A confidential submission can candidly assess weaknesses and explain the client's actual authority position, which helps the mediator work effectively. An exchanged brief is an advocacy document that must maintain the negotiating posture. Submitting the same document as both is a common error that wastes the confidential channel.
Frequently Confused with
Related terms
Frequently asked questions
Should the brief be confidential or exchanged?
Is the submission protected?
