Mediation Memorandum

A document provided to a mediator that outlines the case history and the outstanding issues and the party’s position on each issue. The purpose is to help the mediator understand not only what the party’s positions are but the reasons for taking such a position. Well-written mediation memoranda are very useful for helping the mediator know what issues to focus on and how to resolve the case. Poorly written mediation memoranda, however, tend to be a signal that the party or their attorney are not taking a genuine interest in trying to resolve the case in mediation.