29 Apr Strategic Mediation Memorandum: 5 Tips for Roster Mediations
In roster mediations, time is limited and the degree of preparation determines productivity.
A strong mediation brief does more than summarize the file. It can help focus the negotiation on the issues that matter most.
Here are 5 tips for writing strong and effective mediation briefs for roster mediations:
1. Make it easy to use
The most effective briefs are well-organized, and easy to navigate. Key facts, summaries of evidence and relevant law should be easy to identify. In a time-limited process, a brief that can be quickly understood is far more useful than one that is technically complete but difficult to follow.
2. Focus on the real settlement issues
Address the actual points driving the negotiation gap, including credibility concerns, causation issues, damages disputes and litigation risks. A brief that speaks directly to these pressure points helps move the conversation forward.
3. Highlight strengths and address vulnerabilities
A persuasive brief presents your strongest points while also recognizing the risks that may influence resolution. From a mediator’s perspective, credibility is often shaped by how well a party confronts its own challenges.
4. Frame the numbers strategically
Get the opposing party thinking about the level of exposure as you see it. Use the evidence, show your calculations and apply contingencies where appropriate. This helps anchor expectations and gives the negotiation a practical starting point.
5. Timing matters
The brief should be given to the opposing party with sufficient time for: claims professional to revisit and adjust authority and plaintiffs to assess expectations and address gaps, and prepare for productive discussions.
In short mediations, thoughtful preparation creates the conditions for meaningful negotiation and resolution.
What do you find makes a mediation brief most effective?
ABOUT THE AUTHOR
Logan Cooper joined the Cooper Mediation team in November 2017 and devotes 100% of her professional time to mediating at roster-like rates. She has mediated over 600 cases in the areas of personal injury, long-term disability, employment, and other insurance-related disputes. She has handled global mediations, cases with multiple parties, self-represented litigants and cases with complicated technical and interpersonal challenges. Logan has been inducted into the International Academy of Mediators (IAM). The IAM is an invitation-only organization.
Logan can be reached at logan@coopermediation.ca or (416) 726-1344.To schedule a mediation with Logan, visit: https://coopermediation.ca/logan-cooper-online-calendar/.