Why Mediation Briefs Fail in Negotiations and How Attorneys Can Improve Them

April 2025

If you ask attorneys what their number one pet peeve is about how mediations are handled, a common response may be mediators who push a position that is supported by very little evidence, relying instead on arguments and unsupported briefing. This issue is frequently cited as a primary frustration among lawyers and their clients. 

The mediation brief is an important, if not essential, part of the process and should not be overlooked as an important tool for all parties involved.  Partner and Mediator Richard Williams explains why mediation briefs often fail in negotiations – and what attorneys can do better in his Daily Journal Resolution Issue article.

Read the article here. (Subscription required)

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.