Prior to the mediation, Floyd makes himself available to each attorney for a pre-mediation conference — via telephone or Zoom — to privately discuss the matter in detail, spending as much time as necessary to acquaint himself with the facts, the issues in dispute and the potential obstacles to resolution, in order to help him design the mediation process to be most effective and efficient.
These pre-mediation conferences frequently obviate the need to submit a formal Mediation Brief. However, the parties are strongly encouraged to prepare and exchange Mediation Briefs with one another. The parties are invited to copy Floyd on such briefs and/or provide a separate confidential mediation brief with respect to information that is truly intended to be confidential.
Whether or not a formal Mediation Brief is submitted, the parties are encouraged to provide Floyd with an itemization of economic damages, together with copies of relevant photos, videos, contracts, estimates and/or other documentary evidence in advance of the mediation.
If a formal Mediation Brief is submitted, it should be submitted no less than 48 hours before the mediation and should include: (1) the identity of the persons who will be attending the mediation, (2) a brief summary of the facts, (3) the issues which are in dispute, (4) the contentions of the parties, (5) the history of any settlement discussions that have taken place, and (6) a discussion of any matters that may prove to be an impediment to resolving the dispute. Discussions of general legal principles are not necessary.
Mediation Briefs may be submitted as pleadings, letters or informal e-mail communication, but shall not exceed 10 pages, including exhibits.
Please refrain from submitting deposition transcripts, discovery responses and medical records. They will not be reviewed. To the extent you believe it may be necessary for Floyd to review relevant portions of any such documents, you are welcome to share them during the mediation itself.
Mediation Briefs should be sent to fjs@fjsmediation.com, with a copy to briefs@judicatewest.com