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What is a Mediation Case Summary?

     The parties may wish to submit Mediation Case Summaries to the mediator before mediation. These Mediation Case Summaries are optional, but they give the mediator a better understanding of the case.

 

The purpose of the Mediation Case Summary is to make the mediator aware of the case from each party’s perspective. Incidents of domestic violence, police reports, or other factual situations can be submitted in confidence to the mediator so she can better evaluate the upcoming mediation session. If you wish to submit a Mediation Case Summary, please do so 3-4 days prior to your scheduled mediation.

The Mediation Case Summary is submitted in approximately 50% of our cases.

     

Requirements:

  • Length may vary from two to four pages

  • Papers should aim to educate the mediator and persuade the other party to negotiate (Mediation Case Summaries are not given to opposing counsel or opposing parties)

  • Papers should not be a trial advocacy brief nor bundles of pleadings, witness statements or footnotes supporting a brief submission. Additional core documentation can be given if it adds to the mediation submission rather than replaces it.

A submission should cover:

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  • Factual summary

  • Bullet point of elements to be discussed during the mediation

  • Chronology of events if relevant

  • Identify common ground and difference

  • Chronology of negotiation history up to last offer

  • Court/arbitration timetable should dispute remain unresolved

     The mediator may ask questions about the documents received prior to the mediation session. The mediator will reinforce that their role is not to propose or impose any solution on the parties, but to facilitate their negotiations. The mediator may also ask the parties to begin thinking about their interests in the dispute, rather than the legal arguments. Ideally, both parties should arrive at the mediation with some understanding of what they want to happen, what they will negotiate about, and what are “must-haves” and why.

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