Briefs should be emailed to at least 7 days before the mediation. If you do not receive an email confirming receipt of the brief by the end of the next business day, please contact the mediator.

Although exchanging briefs is not required, it is strongly recommended that the parties exchange briefs prior to the mediation. This helps ensure all parties better understand the potential strengths and weaknesses of the claims and defenses in the case, will make the mediation session more productive, and help the parties reach an acceptable settlement at mediation.

An effective brief will include a summary of the legal claims or defenses, key facts in the case, the procedural posture of the case (including any important court deadlines), any prior settlement discussions, and potential obstacles to settlement.

The mediator is very familiar with the law applicable to most employment cases, so a lengthy legal discussion is not necessary unless the case involves unusual or novel legal claims or defenses.

In class action and PAGA cases, the briefs should also include the following information: number of current and former employees potentially covered by the case, number of work weeks and pay periods during the class and PAGA periods, average hourly rate, and issues affecting class certification. In meal and rest break cases, also include the dollar amount and number of meal and/or rest period premiums paid by the employer during the class period.

Briefs should be limited to 15 pages. Please include any relevant exhibits that may assist the mediator. For lengthy documents (e.g., deposition transcripts, employee handbooks, collective bargaining agreements, etc.), please only include excerpts with the relevant sections and highlight any information that is particularly important.


    Ready to schedule a case?
    Contact Jeff Today