Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs.

Do remember that the mediation session will likely be the last day of your case. Treat the event with the importance it deserves, and start by preparing an effective, timely brief.

Do submit and exchange your brief at least one week, and preferably two, before the session. This allows time for opposing counsel to get it to their client. Particularly if an insurance company is on the other side, it needs at least 10 days to consider and react to the brief -- perhaps by increasing its reserves on the case. Moreover, mediators have a lot to read -- help them out by giving the time they need to digest your brief and put in a call to you to discuss the case.

Originally published in Law 360 on September 11, 2014.