Mediation is a process that involves two parties coming together with the help of a neutral mediator to resolve their disputes without having to go to court. In a mediation brief, the parties present their case in writing to the mediator for consideration. A mediation brief is an essential document that can help a mediator understand the case and come up with a resolution that is agreeable to both parties.
A sample mediation brief for breach of contract can help parties prepare an effective and persuasive document. It should contain the following information:
1. Brief Overview: Begin the brief with a brief overview of the dispute. Include the nature of the contract, the obligations of each party, and the violation that occurred.
2. Facts: Present the facts of the dispute in a clear, concise manner. Avoid emotional language and stick to the relevant details. Include any relevant documents or evidence that support your case.
3. Legal Issues: Identify the legal issues that are relevant to the dispute. Explain how the breach of contract is a violation of the law and provide legal authority to support your arguments.
4. Damages: Describe the damages that have been caused by the breach of contract. Include any financial losses or other harm that has been suffered and provide evidence to support your claims.
5. Proposed Resolution: Lastly, propose a resolution that is fair and reasonable for both parties. This can include payment of damages, performance of the contract, or a settlement agreement. Be specific about what you are willing to offer or accept in order to resolve the dispute.
When drafting a mediation brief, it is important to keep in mind the key elements that can make it effective. These include the appropriate tone, concise language, the use of clear and persuasive evidence, and a clear and logical argument.
In conclusion, a well-prepared mediation brief can greatly increase the chances of resolving a breach of contract dispute. By following the guidelines provided above, parties can present their case in a clear and persuasive manner that can lead to a favorable outcome.