Settlement Demands and
Offers in Anticipation of Mediation
A settlement demand or offer beforehand is generally a good idea to “set the stage” for mediation. It should be made sufficiently in advance so that other counsel and their clients have time to consider and react to it. This helps avoid last-minute surprises at mediation which can sometimes inhibit, distract, or even abruptly end settlement negotiations.

Confidential Mediation Briefs
Parties and their counsel may also elect to submit to the mediator — but not exchange — confidential statements regarding matters they prefer to make the mediator aware of privately (e.g., obstacles to or options regarding settlement, or any other sensitive matter). Please mark all private and confidential documents conspicuously. If more convenient, you may also call the mediator to discuss such matters, instead.

Settlement Memorandum
As part of their preparation, parties and their counsel are also encouraged to consider in advance whether it is advisable to have their own preferred form of written settlement agreement available for signature at the mediation, depending upon the circumstances of their case.