Alternative Dispute Resolution
Nov. 26, 2025
A mediator's perspective on briefs: Establishing a basis for resolution
After 44 years in litigation and mediation, the most effective briefs aren't courtroom arguments -- they're practical tools that help resolve cases. Here are my own mediation briefing guidelines.
An article on effective briefs for the mediation of a litigated case does not by itself break new ground. There are many "dos and don'ts" out there when it comes to an effective and persuasive brief. But perhaps that is the problem. After 44 years of litigating cases as a lawyer mediator, I do not want a "persuasive" brief in the sense that a trial judge or appellate judge is expected to use the briefs to help him or her arrive at a decision on the matter at hand. I...
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