The New Hampshire Appellate Mediation Program Party's Confidential Mediation Statement is a form provided by the New Hampshire Supreme Court which is used to provide confidential information to a mediator. This statement includes information regarding the parties involved in the dispute, the issues in dispute, any agreements that have been reached, and any potential areas of agreement. In addition, this statement allows the parties to provide any confidential information, such as any settlement offers or confidential details of the dispute, that they wish to remain confidential. There are two types of New Hampshire Appellate Mediation Program Party's Confidential Mediation Statement: The initial Confidential Mediation Statement, which is completed prior to the mediation, and the Final Confidential Mediation Statement, which is completed after the mediation.
New Hampshire Appellate Mediation Program Party's Confidential Mediation Statement
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By Mark A. Romance Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake.Provide a concise summary of the facts and claims.Summarize prior settlement discussions.Identify strengths and weaknesses.Bring it home.
Don't raise your voice or say swear words during the process. Instead, work on regulating your own emotions. It's okay to express your emotions constructively, but too much anger during mediation can certainly get you in trouble.
Mediation Briefs 101 With luck, it can be written, edited and assembled in about 4-6 hours. Introduction: 200+ words describing the type of case and a short version of the facts and damages. Coming Events: Procedural status of case: trial date, pending motions (both discovery and dispositive) and scheduled discovery.
All civil cases must attend an alternative dispute resolution process unless the court says otherwise.
Mediation needs a law guaranteeing confidentiality, because the confidentiality maintained by the neutral party is what sustains the integrity of this dispute resolution process. Confidentiality is essential because of the needs for candor, fairness to the disputants, and clear neutrality of the mediator.
In sum, a mediation brief should focus on the structure and timing of the brief and the case itself, including the facts, procedural history, applicable case law, decision-making factors, and unresolved issues and potential options for settlement.
A confidential mediation statement, on the other hand, provides an opportunity to clearly assert your client's strengths and the other side's weaknesses without having to pull your punches, enabling you to telegraph to the mediator the arguments about which you are most confident. The weaknesses of your case.