Mediation Statements: What They Are and Why They Are Important
An integral part of initiating the mediation process to resolve your dispute is the creation of a mediation statement. A mediation statement is a brief narrative submitted by your mediation attorney to inform the mediator and the other party of your case.
Mediation statements are a form of “position statement,” as they present a summary of your demands, apart from outlining the discrepancies in the legal arguments put forward by the other party. However, with the purposeful planning of your mediation attorney, this statement can provide a lot more value than merely stating your position.
Mediation statements enable each party an opportunity to articulate their definition of success ahead of the negotiation. This definition allows for more clear preparation on the part of both parties to negotiate their issues, thus improving the chances of reaching a settlement. This article will scrutinize mediation statements more closely to define how to construct one, when to send it, and what benefits it offers you.
How to Approach Your Mediation Statement
An effective mediation opening statement should serve as a clear roadmap for the process. It should help both sides organize their thoughts on the matter and shift from a positional approach to an interest-based mindset. A mediation attorney guides the creation of a productive mediation statement by laying out all the relevant issues in your case. From there, you can clarify your interests and goals, then explore all possible options for arriving at an agreement.
A mediation lawyer will help you decide your audience for the mediation opening statement. Either you can solely share it with the mediator, or you can disseminate it to all parties and their lawyers. Most people utilize the latter approach because the purpose of a mediation statement is to establish a clear channel of information between the parties before the mediation process.
Crafting Your Mediation Statement
The mediation statement is usually brief, under five pages, and it summarizes:
- The background of your case
- What you seek to achieve through mediation
- Appropriate statutes or standards to inform and persuade
- Any other aspects that you may want to bring into consideration
Background of the Case
Through the statement, you will inform the mediator about the brief history of your case, and what negotiations preceded this mediation. This background will enable the mediator and the other party to have a better understanding of your perspective.
What You Wish to Achieve
In this part of the statement, you will make it clear what you are seeking to achieve through mediation, and what are your goals and interests. Clear communication on this account will improve your chances of accomplishing your objectives.
When to Send the Mediation Statement
In most cases, the mediation statement should be sent about two weeks before the start of the mediation process. You may send it via email or personally through a courier. Once the mediator receives your copy, as well as the statement from the other party, they will send them to each side simultaneously. A mediation lawyer can help you craft a prudent and strategic mediation opening statement that will serve as a salient start to the mediation process. This level of preparation will enhance your chances of achieving a desirable resolution through mediation.
Prepare a Proper Mediation Statement Alongside a Mediation Attorney
Backed by extensive legal knowledge and experience, Shapiro Mediation works to avoid the expense, delay, and uncertainty of a trial. Our team, headed by attorney Anna Shapiro, Esq., focuses on efficiently handling the legal needs of every client. Call us today at (339) 298-7733 or contact us online to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office.