This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Guide to Legal Writing,
Alternative Dispute Resolution

Apr. 23, 2025

Why mediation briefs fail in negotiations and how attorneys can improve them

See more on Why mediation briefs fail in negotiations and how attorneys can improve them

The mediation brief is an important, if not essential, part of the process and should not be overlooked as an important tool for all parties involved.

Richard M. Williams

Partner
Gray Duffy LLP

Phone: (650) 365-7343

Email: rwilliams@grayduffylaw.com

Richard manages the firm's Redwood City office. With 43 years as a practicing attorney, including 20 years of experience in alternative dispute resolution, he has handled in excess of 1000 cases as a special master, arbitrator or mediator.

Why mediation briefs fail in negotiations and how attorneys can improve them

If you ask attorneys what their number one pet peeve is about how mediations are handled, a common response may be mediators who push a position that is supported by very little evidence, relying instead on arguments and unsupported briefing. This issue is frequently cited as a primary frustration among lawyers and their clients.

The role of a well-crafted mediation brief

The importance of a well-crafted mediation brief, supported ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up