Mediation Submissions
When your case is scheduled, you will be sent a confirmation letter which contains important information and answers to FAQs, along with a submission deadline for mediation statements. Adrienne typically asks for mediation statements from the parties to be submitted one week prior to the date of mediation. It is important to meet this deadline, as Adrienne sets aside time on her calendar based on the deadline to review your submissions and prepare for mediation. She may not have time available to review delayed submissions. Adrienne also requests that mediation submissions, including all exhibits, not exceed 30-pages except in unusually complex cases. Mediation statements that meet this requirement can be submitted to Adrienne via email. Delivering a hard copy of your mediation statement with exhibits is not necessary unless it exceeds the 30-page limit.
Mediation statements should include – at a minimum – the following:
A Bullet-Point Timeline of key events, including events that might not be helpful to your claims or defenses. Omitting key information on your timeline often results in Adrienne spending additional preparation time to create her own timeline by synthesizing facts from different sources.
A List of Key Players, identified by title/role.
A discussion of Claims and/or Defenses, applying the facts.
Documents that support the claims or defenses. For example, in a retaliation case where the employee was discharged, if the company is alleging the decision was made prior to any protected activity, the defense should provide documentary evidence establishing when the decision was made and by whom. Similarly, a claimant/plaintiff should provide documentation of when the protected activity took place, along with a copy of the complaint if possible.
Case Authority to support your legal claims or defenses can be helpful, particularly when discussing the finer points of applicable law. Misrepresenting holdings is counterproductive and can increase the time Adrienne spends preparing for mediation.
A description of the Procedural History and Settlement Discussions to date.
A discussion and Calculation of Damages, including information on mitigation efforts and evidence to support or rebut claims related to compensatory damages/emotional distress.
A statement regarding any Obstacles to Settlement that exist.
A Settlement Agreement Template should be included as part of the defense’s mediation submission. (It is always helpful for the defense to share a draft settlement agreement with claimant’s counsel in advance of mediation as well.) This is important because it is Adrienne’s practice to sign the final settlement agreement on the day of mediation, rather than simply executing a term sheet, as this practice protects the parties’ bargain and avoids delaying final resolution.