Content of Mediation Statement

  1. Unless otherwise specifically agreed to the contrary, each party shall provide to the Mediator no later than three (3) days prior to the session a mediation statement containing at least the following:

    1. Statement of relevant facts and controlling law. (if already set out in an existing pleadings, that will suffice.);

    2. Status of the case, including any outstanding motions;

    3. Any expert reports (exhibits need not be included);

    4. Statement of prior negotiations, including all demands/offers;

    5. Unique factors believed to favor settlement;

    6. Unique perceived obstacles to settlement;

    7. Potential solutions to dispute other than simply monetary payment;

    8. Unique interests of parties that need to be considered in any settlement;

    9. Any limitations on authority of parties present at mediation to settle.

  2. All counsel and attending parties must execute a Mediation Agreement at or before the start of mediation.

  3. Counsel for each party shall be responsible for its share of the mediation fee and any agreement for one party to assume responsibility for the other’s share is not binding on the mediator.