MEDIATION MEMORANDUM

(a) (b) Time for Submission. No later than seven (7) days before the scheduled mediation session, each party shall submit to the Mediator a written “Mediation Memorandum.” Prohibition Against Filing. Mediation Memoranda shall not be filed and the assigned Judge shall not have access to them. They shall be subject to the confidentiality of the mediation process and treated as a document prepared “for settlement purposes only.” (c) Content of Mediation Memoranda.

Mediation Memoranda must not exceed ten (10) double-spaced pages and shall: (1) Identify by name and title or status: (A) All person(s) with factual knowledge and/or settlement authority, who, in addition to counsel, will attend the mediation as a representative(s) of the party; and (B) Any other person(s) (including an insurer representative) whose presence might substantially improve the effectiveness of the mediation or the prospects of settlement; (2) Concisely describe the parties’ claims and defenses, addressing the parties’ views of the key liability issues and damages, and discussing the key evidence; 10 (3) (4) (5) (6) State the relief sought in the case and the basis for monetary calculations; Describe the current status of the case, including the status of any motions made; Describe the history and current status of settlement negotiations, including offers and counteroffers; and Provide any other information that might be pertinent to resolution of the case, including possible settlement options and alternatives. Parties should include, along with the Mediation Memorandum, copies of documents that are likely to make the mediation more productive or materially advance settlement prospects.