Your mediation brief is critical to the mediation process. It signals to your mediator that you are prepared and know what you’re doing. For your opposition it demonstrates that you have convincing evidence, a compelling narrative, and the skills needed to win, should the case go to a trial. Your mediation brief’s most important job is to convince your client. Here are seven tips for writing a strong mediation brief.
Remember that mediation is not about being right
Even the most persuasive advocates are unlikely to convince the opposing side that they are right. Each side has their own agenda and their own version of reality. There can be a lot of bad blood, mistrust, poor communication, and ignorance, and that will get in the way. Mediation isn’t about listening to the other side and agreeing on the facts or who is right. That is just never going to happen. Your goal is to meet in the middle somewhere and compromise, since each side typically thinks they are completely in the right.
Help your client understand
You should be trying to help your client understand the situation, not repeating tired old clichés. Explain to your client the information that is being exchanged in the mediation, and that that information can form the base of a favorable settlement for them. Resist the temptation to speak in clichés such as “the other side is negotiating in bad faith” and your client is “standing on principle.” These kinds of statements are just not helpful to the process.
Be careful of your tone
“Tone is important because there is big different between mediation advocacy and trial advocacy. You can be persuasive in mediation without crossing over into being insulting or combative,” advises Margaret Ward, project manager at Topcanadianwriters and Studentwritingservices. Don’t accuse the other side of dishonesty or falsifying information, that is not conducive to reaching a settlement. You are trying to find a solution, not win a battle.
Have a theme
Think about your mediation brief as a story you are telling. Humanize your client and explain what has happened to bring them to this situation. All the best stories have a theme, what will your story’s theme be? Try and make it one that is universal and easy for people to relate to. Some good examples of universally understood themes are “they broke the rules,” “a broken promise,” and “not accepting responsibility for their actions.”
Outline how you think the case can be solved
The most important thing to include is your plan for how the case might come to a resolution. Is there something your client absolutely needs to have? Is your solution something as simple as a payment or possibly an agreement for business in the future? These kinds of proposals are a big part of the reason why mediation results in settlements that are more favorable than one decided in court.
Talk about risk factors
Your brief should outline what the possible risks are. Examine and weigh these risks and then decide if you should settle on something in mediation or move on to a trial. What evidence do you have to support your client’s claim? Is there an eye-witness that isn’t available for mediation but may become available by the time of a trial? How strong a witness are they? What are the risks for the other side?
Use business writing tools to improve your brief
It’s important that your mediation brief is professional and flawless. Typos and other kinds of writing errors can reflect carelessness and unprofessionalism. Here are some business writing tools that can help you write a better mediation brief:
Academ Advisor – Writing is a skill and it needs to be practiced, and one good way to do that is with a guide. These online business writing guides can help improve your writing process and leave you with a better finished product.
Top essay writing services – This is a great resource where you can find grammar checkers and other tools. Grammar is tricky, but if you mess it up you can look like an amateur, so let the pros help you out.
Mediation can be a very effective and beneficial way to resolve a dispute because of its confidential nature and because a decision is not imposed on you. Always try and make the most of a mediation situation; writing a strong brief is the first step in that process. Your written mediation brief, if done professionally and competently, can be a big part of the reason your side receives a favorable resolution. Follow these seven tips for writing a strong mediation brief.
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