Judicial Survey Questions

DHH Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.

DHH A33: I require confidential mediation statements from the parties five business days prior to a mediation. The statement should be no more than four pages, and address with candor the following points: 1. A brief analysis of the key issues involved in the litigation, including a specific breakdown of the claimed damages. 2. A description of the strongest and weakest legal and factual points in the party’s case. 3. A description of the strongest and weakest legal and factual points in the opponent’s case. 4. The status of settlement negotiations, including the last settlement proposal made by each side. In this regard, counsel are directed to confer with their clients in advance of the mediation conference to explore the party’s settlement position, and the parties are encouraged to exchange settlement proposals prior to the conference. 5. The settlement proposal that the party believes would be fair.

Related Topics:
* Hennessy, David H.

United States District Court for the District of Massachusetts