INSTRUCTIONS MEMORANDUM:
Mediation Brief
1. Assignment:
The Mediation Brief may be based on any of the documents or other evidence in the record in this case, which should all be contained in your trial notebook. In terms of legal citations, you may cite the federal Fair Housing Act (FHA), any of the cases included in your packets, and the breach of contract jury instructions. Do not do additional legal research in preparing the Mediation Brief.
You are representing the plaintiff, Darla Williams. Your Mediation Brief should be written from the perspective of the party you were assigned to represent.
Guidelines for Mediation Brief:
The Mediation Brief should contain the caption for this case, and it should be on pleading paper.
The Mediation Brief will be divided into major sections: I. Introduction; II. Factual Summary; III. Legal Issues and Contentions, IV. Damages, AND V. Conclusion. You may have subheadings within each of the four major sections. If any part of the brief quotes or summarizes a source (either factual or legal), you need to cite to that source. All quotations must be in quotation marks. You do not need to attach supporting documents to your Mediation Brief.
The Mediation Brief should be no more than 1800 words in length. At the end of your motion, indicate the word count by inserting the following: "Word Count ____."(These three words will not count towards your total word count. All other words in the brief are included in the total word count.) Any words in excess of the word count will not be read. You may use any of the following 12-point or 13-point typefaces: Courier, Geneva, Helvetica, New York, Palatino, or Times New Roman. The lines on each page must be double-spaced. Indented quotations must be single-spaced. The margins must be not less than one inch on the top and bottom and on each side. (If you use pre-formatted pleading paper for your assignment, you may assume that the margins are correct.) Please number your pages.
Reminder:
1. The argument must be one-sided (in favor of your client), not neutral.
2. Argue "Why should your client win?"
3. Make sure there is a thorough and clear discussion of the facts and damages
4. Point out the strengths of your case.
5. http://www.ralphwilliamsmediation.com/pg19.cfm
What to include in EACH sections of mediation brief?
I. Introduction
1. Statement of law
2. Brief summary (who is D?; who is P?; What is the issue (Discrimination based on sex, breach of contract)? )
3. the main theme that you want the mediator to take into the mediation
4. Must convey a lot of information using relatively few words. It should be impactful, structure the reader's thinking, and impart enough important information so that the reader can easily anticipate where the rest of the brief is going.
5. Well-crafted introduction that provides a big-picture overview -- are most impactful.
II. Factual Summary/background
1. More detailed facts→ portray your client in sympathetic way; Make her look good
III. Legal Issues and Contentions
1. Legal Issue 1- Violation of FHA
a. Elements (see Complaint)
b. Explain in plain language
c. Explain why/ how each element is met.
2. Legal Issue 2- Breach of contract
a. Elements (see Complaint and Jury instructions)
b. Explain in plain language
c. Explain why/ how each element is met.
IV. Damages (look at 26 (f) report and complaint and calculate damages)
1. Consequential damages
2. Attorney Fee
3. Punitive damages
4. costs to date and expected future costs
V. CONCLUSION
1. Echo the main theme that you want the mediator to take into the mediation.
2. Conclude why should your client win? → because the defendant violated FHA and breach the contract → what facts prove this?