Simple Ways to Improve Your Mediation Statement

Allen Schreiber • January 21, 2020
Allen Schreiber, Birmingham Arbitrator and Mediator

“Something is better than nothing.” Usually true when it comes to a mediation statement. I would rather receive some information rather than no information before commencing a mediation. In the past, I have received “canned” statements, a copy of a parties simple complaint or a single pleading.


On the other end of the spectrum, I have received multiple depositions, complete “pleading” folders or binders and binders of exhibits. I am not complaining - again, something is better than nothing!


However, there are three items which are frequently omitted in position statements that I believe are helpful and warranted for inclusion: 

  1. What are the obstacles to resolution - i.e., what will the OTHER SIDE say or think about your case?
  2. What do YOU perceive to be the obstacles to resolution?
  3. Status of settlement discussions. 


I read this great article with excellent points!


Hopefully by including these suggestions in your report it will help you attain a successful result.


Schedule your next ADR session via our convenient online calendar, or call Carol Waldrop at 855-754-8807.