1. Keep written submission to under 12 pages
  2. Include only critical documents Mediator absolutely must read
  3. Quoting key excerpts from an Expert Report is more effective than a copy of Report
  4. Highlight important passages in Discovery transcript inclusions
  5. Outline previous settlement history discussions
  6. Send confidential information for Mediator in a separate Brief
  7. Don’t simply reproduce a pleading, give a fresh perspective
  8. Include key legal cases, but keep to a minimum
  9. Be realistic in case strength and pick your best arguments to advance
  10. Anticipate the other side’s best argument, and address it.