Trial lawyers are trained to persuade—judges, juries, opposing counsel. But persuasion looks different in mediation. Here’s a key shift in strategy: Your mediation memorandum isn’t about convincing the mediator.

Mediators don’t decide cases—we help the parties reach an agreement. The most effective mediation memoranda aren’t aimed at us; they equip us with the arguments and insights we can use to help persuade the other side.

And here’s something else to consider: Persuading the opposing party isn’t the same as persuading their lawyer. What moves an insurance adjuster, business owner, or individual plaintiff to compromise may be very different from what influences their counsel. A strong memorandum focuses on both and provides the mediator with tools to speak to both audiences.

If trial strategy permits, consider sharing your memorandum—or a sanitized version—with opposing counsel in advance. The earlier you put non-confidential key issues and realities on the table, the better the chances of a productive mediation.

Mediation is advocacy, but it’s also strategy. Focus your memorandum on the real decision-makers, and you’ll have the best chance at achieving a good settlement.

#Mediation #TrialLawyers #Litigation #Negotiation #CaseResolution #MediationStrategy