Often, the parties should have summaries of their dispute written up, along with key documents and legal points and provide this in a Mediation Statement or Brief to the Mediator for review. This should also be provided to the opposing side. While certain parts of the Brief (such as settlement proposals) might be only shared with the mediator, most of the brief should be shared with the other side. Failure to share a brief often results in an unproductive mediation because the parties do not understand each other’s position.