- Keep written submission to under 12 pages
- Include only critical documents Mediator absolutely must read
- Quoting key excerpts from an Expert Report is more effective than a copy of Report
- Highlight important passages in Discovery transcript inclusions
- Outline previous settlement history discussions
- Send confidential information for Mediator in a separate Brief
- Don’t simply reproduce a pleading, give a fresh perspective
- Include key legal cases, but keep to a minimum
- Be realistic in case strength and pick your best arguments to advance
- Anticipate the other side’s best argument, and address it.