Submissions

Submission to Mediator/Arbitrator

In mediations, early neutral evaluations, and moderated settlement conferences, we ask to receive one week prior to the session a summary outlining the issues as you see them, together with a candid disclosure of your views of the strengths and weaknesses of your case. The summary should also include a history of the negotiations, and any unique circumstances affecting your assessment of the matter. This summary will be held in strict confidence, and its substance will not be disclosed to anyone without your prior consent.

Sometimes we wish to discuss the issues with counsel either separately or jointly in advance of the mediation or other session. When this occurs our staff will arrange with yours the timing of the telephone conference call. All sides will be called separately if separate calls are preferred. This process can facilitate better understanding of the case complexities and can hasten progress of the negotiations.

In abritrations, mini-trials, neutral fact finding, summary jury trials, and consensual special magistrate sessions, we ask to receive one week prior to the session briefs or statements of the case addressing the facts and law involved, together with copies of exhibits the parties agree are admissible and may be received by the arbitrator. We expect counsel to reach a stipulation as to agreed exhibits in advance of the session. As to proposed exhibits as to which objections to admissibility are raised, they should not be included in the brief or statement of the case. Evidentiary disputes will be resolved at the arbitration session.

Pre-session disclosures should also address special client needs, special presentation requirements, security concerns, whether opening statements are necessary, or any unusual feature anticipated at the session.