Your First and Best Opportunity to Influence — Benson Mediation, Arbitration, Workplace Investigation

Mediation statements are not required but they can be an important tool for you to help the mediator help you. I can often tell right away how the day will go just by reading the mediation statements. Some lawyers write to win an argument; others write to open a conversation. The latter get more done.

The best “briefs” I read tell a clear story, identify the roadblocks, and propose a path forward. They don’t just assert the law—they highlight what the client needs. When you speak directly to the mediator, not just the other side, you invite collaboration instead of conflict. And that can make all the difference before even sitting down at the (virtual) table.

Think of your mediation brief as a way to prime the environment for a settlement. Focus on the tone as much as the content—adversarial language can harden positions before the conversation even begins. Instead, lead with clarity, honesty, and a desire to problem solve.