• Court, case number, and caption.
• Confidential Settlement Memorandum that includes:
- A brief overview of the case both in legal and practical perspectives
- A reference to key pleadings, including copies in the event that copies are not otherwise available on-line
- A short summary of both undisputed and disputed key facts
- Relevant case law and applicable statutes
- Status of discovery including a brief summary of critical statements or admissions
- Summary of all settlement discussions and current status
- Honest assessment of the strengths and weaknesses of your side of the case in the event of trial; the best alternative to a negotiated settlement (“BATNA”)
- Assessment of any critical issues that are keys to any resolution
• Mediation Statement. This can be a separate statement or incorporated into the Confidential Memorandum and should include the following:
- Identification of your client’s particular interests, needs and motivations that may drive any monetary settlement
- If possible, an educated guess as to the interests, needs and motivations of the other side that may drive any monetary settlement
- How the issues should be framed and a suggested agenda for addressing the issues
- Suggestions as to what information you would like to receive from the other side and the nature and extent of any problems that you would have in reciprocating
- Options and strategies for settlement that you have developed and any suggestions for implementing them