Briefing Your Case
Mr. Carr prefers to receive briefs (position statements) from the parties five days before the day of the mediation so that he will have time to read all of the materials in detail and reflect on them before he convenes. However, he is aware of the time constraints your busy practices place on you and will make every effort to read anything sent up to and including the night before the session. If you are sending a late brief, please also send a copy via email to ensure that he has an opportunity to review it prior to your session.
NOTE: Please send briefs to the address provided in the confirming letter. You can also attach your briefs and any supporting documents to the e-mail address listed below, or if not too voluminous, deliver them via fax to (415) 388-1036. Please clearly specify any materials that are to be kept confidential pursuant to the terms and law cited in the Mediation and Confidentiality Agreement, or that you are not providing to the other parties.
To prepare for mediation, Mr. Carr finds it to be very helpful in our understanding of the issues if your brief addresses the following:
- The facts and pertinent legal and evidentiary issues in the case;
- Your position on each element of claimed damages, setting forth computations;
- Your position on pertinent insurance coverage or indemnification issues, if any;
- The last communicated demand and offer; and
- Any other matter that you believe may have a bearing on settlement negotiations.
Inclusion of any significant investigative materials, pertinent contracts or writings, expert's reports, medical records or other such documents that you will be relying upon in evaluating the case, may also be helpful. Mr. Carr has extensive experience in medical damage and causation issues and is frequently provided such records, which he thoroughly reviews.
Compelling or exemplary exhibits, including photographs, videos and any accident reconstruction analysis can also be very helpful. If your evaluation turns on pending motions or matters on appeal, the legal briefs in support of these motions may also be provided. If there is a particular opinion or jury verdict that supports a position that is central to your case, feel free to also provide him with a copy.
