The mediation submission is one of the biggest advantages defense counsel has at mediation. Why? Because plaintiffs’ counsel often ignore the importance that the submission plays in the mediation process.
Below is a link to an article I published in DRI’s For The Defense Magazine earlier this year. It provides recommendations for writing a persuasive mediation submission and outlines how to prepare each section of the submission. The point of the article is that the defendant’s submission should read like a closing argument so the mediator is completely informed about the case and your defenses. If the submission is written properly, the plaintiff will start the mediation on the defensive.