A Case For Sharing Mediation Statements With Counterparties

By Arthur Eidelhoch (May 12, 2023, 11:23 AM EDT) — In most litigated cases that go to mediation, attorneys are asked to submit a written statement about one week before the mediation which sets forth the relevant facts and applicable law. However, there seems to be a trend over the past decade or so for parties in private mediation to submit these mediation statements to the mediator only, and to not share them with the opposing side.[1]…

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