Posts Tagged ‘mediation brief’

Attendance, Participation Lists and Mediation Statements

With little advance warning or fanfare, the Judicial Council reorganized, renumbered and, in some instances, amended the Rules of Court on January 1, 2007. The most dramatic changes in the standards applicable to court-ordered mediations (3.850 through 3.878) are in Rule of Court 3.874, which covers attendance at mediations, the serving of participation lists and the submission of mediation statements.
Read the rest of this entry »

TO BRIEF OR NOT TO BRIEF

Message no. 2 discussed what information should be in a mediation brief and also recommended that the brief be sent “several days before the mediation so that (the mediator) will have the time to digest it and to research important legal issues.” This message covers other important aspects of mediation briefs and makes another request for their early submission.

A brief should be filed in every mediation. Attorneys who do not file briefs, because of the supposed simplicity of the relevant facts or law or the lack of time to do so, forgo the opportunity to direct the mediator’s early attention to issues important to their respective cases and cede to their opponents that same opportunity to influence the mediator with a one-sided summary of the facts and law.
Read the rest of this entry »

THE MEDIATION BRIEF

A mediation brief should be prepared with the same care as any Superior Court motion because the mediator, while not having the capacity to issue final orders, can nevertheless be very influential. Therefore
• Indicate whether or not the brief is confidential;
• Provide important case status information on the first page (e.g., the trial date, the results or future date of any summary judgment motion, the status of pending discovery, etc.);
Read the rest of this entry »