When Due: Mediation statements are due one week before the mediation. If the statement and accompanying exhibits total less than thirty (30) pages, you can submit the statement by e-mail only. However, if the statement and accompanying exhibits exceed thirty (30) pages, please e-mail the statement and have a hard-copy of the statement and exhibits hand-delivered or sent by overnight mail.
Exchanging Statements: It has been my experience that mediations are generally more productive and efficient if the parties exchange mediation statements with one another, so that counsel – and their clients – have an opportunity to learn and fully consider the other side's views in advance of the mediation. For this reason, I strongly encourage the parties to exchange statements, rather than to submit confidential statements "for the mediator's eyes only." At the same time, if there is information that you feel it is important for me to know but that you do not wish to share with the other side, you are welcome to submit a separate confidential letter setting forth that information.
Contents of Statement: The most persuasive and helpful mediation statements are those that focus on the relevant facts and evidence, rather than on hyperbole and rhetoric. Put simply: I need to know what you claim happened and what evidence you have to support your version of events. If you have supporting documents, witness statements or deposition testimony, please attach them as exhibits to your statement. (It is helpful if you highlight those portions of the documents and testimony upon which you are relying, and if you include an index of exhibits if there are more than a few). If there is a central or particularly complicated legal issue in the case, a brief discussion of the issue and controlling authority is helpful; otherwise, you do not need to provide a primer on employment law generally.
Length: Except in unusually complex cases, mediation statements generally should not exceed 10-12 pages (excluding exhibits).
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