Mediation has been on the ascent in resolving disputes short of trial over the past decade. In this COVID age of closed trial courts and uncertain trial dates, mediation provides an opportunity to obtain a fair resolution in a timely manner.
Mediation briefs should be shared well before the mediation session: to save time in session; to give each side the full force of the other’s positions; to give each side time to carefully consider the other’s positions and calmly prepare a response; to begin establishing the settlement ballpark. Let’s consider the alternatives, their bases, and their effects.