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Crafting an effective mediation summary: tips for written mediation advocacy.

Sheldon J. Stark

Introduction

Your written mediation summary is a crucial communication. To your mediator it shows your talents, expertise and preparation. To your client it shows your persuasive powers, serving as a reminder of all the reasons they hired you. To your opponents it demonstrates you have a good story to tell, compelling evidence to back it up and the skill required to persuade judge or jury, should the case fail to settle at the mediation table. I believe the most important audience is the later. The party needing the most convincing is your opposing party and her counsel. Mediation summaries offer a unique opportunity to craft precisely the message you wish to send the other side - without interruption, confident it will be read. A written summary designed to influence the decision making process on the other side can move the dispute a long way toward settlement.

What follows are my suggestions for producing a more cogent, persuasive and effective mediation summary. If your goal is to save time or money, of course, feel free to re-use your dispositive motion papers, your case evaluation submission or other written materials. If your goal is to make the most of mediation, however, I encourage you to prepare a written summary individually tailored to the mediation process for your specific and unique dispute.

An Effective Mediation Summary Tells a Good Story

Tell a story: In many cases, your mediation summary will be the first exposure the other side will have to your theories and claims in a single, coherent narrative. Tell your story in as persuasive and compelling a fashion as you can. We are moved by good stories. Some say we are hard wired to hear and respond to good stories. The most effective trial lawyers are good story tellers. There’s a reason tens of thousands of new novels are published every year. We sympathize and relate to the participants in a good story. Your mediation summary should be a good story, well told. Why did plaintiff bring this case? Why did defendant take the actions complained of at the heart of the suit? Humanize your clients and help us understand who they are and why they acted or reacted as they did.

Build the story around a theme: The best stories revolve around universal themes. There are many articles and books available on developing a litigation theme, so I won’t spend a lot of time on this aspect of storytelling, but time spent in crafting a compelling theme is time well spent. Examples of commonly recurring themes include:

• “No means no.”
• “They didn’t follow the rules.”
• “Hell hath no fury like a woman scorned.”
• “Personal responsibility.”
• “They didn’t keep their promise.”

It’s a form of settlement brochure: Mediation summaries are not written to “win” the case in the same way Motions for Summary Judgment are written. There will be no resolution at mediation unless the other side agrees to settle. The mediation summary is written therefore as a vehicle for demonstrating that your story will be sympathetic and well-received by the fact finder. Think of your mediation summary as a form of settlement brochure: Here’s our story, here’s our theme, here’s our evidence and here’s why a judge and jury will rule in our favor.

The medium is the message: Marshall McLuhan taught us “The Medium is the Message.” His point was simple: The medium used to deliver the message influences how the message is perceived. The lesson for advocates is that their written mediation summaries – including the packaging of it for delivery to the other side - should convey competence, professionalism, civility, good judgment and experience. It says a great deal about the lawyer and support staff. Are they attentive? Conscientious? Do they take pride in the way their work looks? Attractive mediation summaries are written using headlines or section headings in bold font, with frequent references to the attachments. Is the summary plus attachments extensive? Advocates who recognize the importance of McLuhan’s insight enclose their summaries in a three-ring binder or have the package tape, comb or coil bound with professional looking covers. Exhibits are attached using tabs , not a simple piece of paper with “Exhibit A” typed in the middle. Tabs make it easy for the reader to turn to the designated document without thumbing through multiple pages searching for the right one. A professional-looking mediation summary package establishes that the advocate is thoughtful, effective, well-prepared, has a firm grasp of the law and facts and is likely to be a formidable opponent if the case does not settle. That’s a message every advocate should want to convey!

Relief requests: Many lawyers, particularly those who represent the plaintiff, like to include a dollar demand for relief at the end of their written summaries. This is generally a mistake. First, the written demand is almost always unrealistic. Indeed, it is rare for the number written in the summary to surface again at the table. Second, I’m not certain who the target is for the written number – but it will surely be read by the other side. When the number is a departure from the last offers discussed by the parties during direct negotiations, the result is consternation, anger and sometimes a reluctance to continue the discussion. A simple statement that the writer intends to make a demand consistent with the law and evidence will generally suffice. That said, if you have an economic damage model showing lost wages to date, lost profits, lost future profits, front pay, or whatever other economic claim you have, your mediation summary is a good place to transmit it to the other side. The message, however, is not “this number represents my demand.” The message is “I’ll be making a reasonable proposal to settle at the table. The numbers in the example represent an economic analysis I expect to blackboard if this dispute doesn’t settle.”

Non-economic relief: By contrast, the written mediation summary is often a good place to signal that a party has non-economic concerns as well as economic ones. For example, if plaintiff in a wrongful discharge case will be seeking reinstatement, advance notice in the written summary provides management time to meet with the appropriate parties to determine if relationship repair is in the cards.

Encourage the other side to provide a copy to her client: If you have a concern that the party on the other side of the case might not be given a copy of your summary to read, prepare two copies. Serve both on opposing counsel and explain that one copy is a courtesy for his client. Bring extra copies to mediation to provide one to the other side. If they did not share it before, you can be sure it will be read during caucus.

Mediation Advocacy Adopts a Reasonable and Collaborative Tone

In mediation, I ask the disputants to leave their zealous advocacy persona at the door and replace it with a joint problem solver mindset. Mediation is where we ask the parties to cooperate in the search for common ground. Everyone in the process has the exact same problem: how do we settle the dispute before us? Approaching mediation as joint problem solvers is very different from an approach using traditional advocacy models. Joint problem solvers adopt the right tone in their summaries and their oral presentations. They create the right atmosphere for settlement. They resist the urge to litigate grievances between the lawyers (“he hasn’t cooperated in discovery,” for example.) They replace invective and harsh words with a reasonable and logical presentation. They seek to de-escalate, not ratchet up the emotions. We’ve all heard the old adage, “We get more flies with honey than vinegar.” It’s equally applicable to mediation summaries. See also, “Making the Most of Mediation: 10 Top Tips for Maximizing Results in the Process,” Tip #9. https://www.starkmediator.com/?p=64

Effective Mediation Summaries are Supported by the Evidence

The story must be true: Every important statement in the mediation summary should have evidentiary support in the record or in a signed affidavit. Establish the validity and reliability of the good story you’re telling by showing you have the evidence to back it up. When evidentiary support is attached to the summary in the form of exhibits, you demonstrate readiness to try your case if it cannot be settled. Supporting exhibits compel the other side to engage in a productive conversation with the mediator which includes risk assessment, reality testing and, perhaps, a wake-up call.

Examples: Is the dispute centered on a lease or contract? Attach it as an exhibit. Is there a key memorandum summarizing your client’s version of the meeting? Provide a copy. If it’s likely to serve as an exhibit at trial or an attachment for dispositive motion practice, chances are it will serve a useful purpose at mediation. From the employment policy allegedly violated to the written procedure setting forth proper practice; from the inconsistent EEOC complaint to the email exchange that turned the relationship sour; from the falsified employment application to the misrepresentation about the value of an asset; from the notes summarizing the meeting to the performance improvement plan preceding discharge; from the photographs and diagrams to financial charts and graphs; all are persuasive examples of your readiness to try your case. Equally powerful are deposition transcript pages containing key admissions, effective cross-examination and support for your theories. Exhibits bolster advocate credibility, underscore the risk opposing counsel faces and set the stage for a meaningful mediation process.

Highlight exhibits: Some exhibits are longer than others. Don’t make the mediator or opposing counsel pore over the pages reading every word. Don’t annoy everyone by forcing your reader to figure out on her own which paragraph in a 40-page document is the one you’re relying on. Use a highlighter to focus precisely on the key language. Indeed, if the language is especially compelling, attach it and quote it in the body of your summary, as well.

Don’t send the wrong message: When counsel does not attach record evidence, several alternative conclusions are likely to be drawn by the mediator and the other side, none of them favorable. First: you don’t have the goods to back up your claims or defenses. Ouch. Second: you did not think your case was worth the time and effort to warrant the effort. (“If counsel really thought this case was worth six figures, he would have done the work!”) Double ouch. Third: counsel is not well prepared. Hmm. One essential factor in risk assessment is sizing up the skills, motivation and effectiveness of the advocates. No self-respecting trial lawyer wants to be thought of as ill prepared and ineffective. Fourth: the documentation is vulnerable. Counsel has not produced the document because it’s weak or easily construed against him. Know too that your client may pick up on these same conclusions and start questioning your effectiveness.

A Solid Legal Analysis Provides a Firm Foundation

Include a section containing your legal analysis: I practiced law for many years. I have a good handle on any number of areas of legal specialization including employment law, business torts, police misconduct and probate. Nonetheless, I welcome a legal analysis, a quick review of the law, a reminder about burdens of proof, prima facie showings, presumptions and the like. It never hurts to remind the mediator and opposing counsel of express statutory language, important regulations, rules or code provisions. If there are cases that support your claim, by all means attach them as exhibits, too. Where a court has already ruled on the same exclusion provision of an insurance contract or a similar legal claim, for example, don’t assume the mediator – or even opposing counsel – is aware of it. If you’ve got the law, make certain everyone else at the table has it, too.

Highlight cases: If a case contains facts similar to the ones in the dispute being mediated, highlight the facts. If there are legal principles on which you rely, highlight the passage in the case you think especially apt. Don’t be afraid to “spoon feed” your reader. At least in my case, I’ll think it effective advocacy!

The Most Persuasive Summaries Focus on Risk

Mediation is not about right and wrong: The strongest and most persuasive advocates are unlikely to convince the other side that “we’re right and you’re wrong.” Efforts to persuade the other side about the facts run into a brick wall. They have their own story to tell, their own version of reality. Their resistance may be reinforced by lack of trust, a failure to communicate, bad blood, prior experience or ignorance. Most disputants reach mediation filled with skepticism for the other side’s arguments. I often hear the lawyers say that just hearing the other side’s version may be unproductive. Even where the parties agree to listen to each other with an open mind, few are able to live up to their promise. As a result, I tell the participants that we’re never going to agree on the facts, or on who is right and who is wrong. Nor am I going to spend time trying to find agreement.

Focus on risk factors: By contrast, in my experience, good advocates are often able to agree on identification of risk factors. This case is assigned to Judge X. How likely is Judge X to grant a dispositive motion? Both sides generally agree when Judge X is more receptive to one side or another. What happens if the motion is granted? What happens if it is denied? What leads you to think Judge X will grant a motion in this case? Is there a key piece of evidence supporting your claim? Is the other side likely to file a Motion in Limine to exclude it? How likely is Judge X to grant a Motion in Limine? How strong is the case if the evidence is admitted; how strong if it is not? Either way, is the question close enough to warrant an appeal, thereby costing more time, money, effort and disruption? If an important eye-witness hasn’t been found by the time of mediation, what are the odds she will be found by the time of trial? How strong is the case if the witness testifies; how strong if the witness does not appear? If a key witness or party has credibility problems, what is the likely impact on the overall claim or defense? No matter how compelling a witness, if he falsified his employment application, cheated on his expense reports or told a bald-faced lie during the investigation, there is a serious risk that nothing he says under oath from the witness stand will be believed.

Spell out the risk factors: I encourage advocates to weave a discussion of the risk factors into their mediation summary or include a separate section focused on the other side’s risks. A risk analysis from a skilled trial lawyer will often be more persuasive than an exposition of events from your client’s perspective.

Risk factors assist the mediator: There’s another compelling reason to focus on risk factors in your summary. They prepare the mediator to spend time with opposing counsel asking tough questions. As mediator, I want to know the strongest parts of your case and the areas of greatest risk to the other side in order to have an effective conversation in private caucus. I also welcome your candor in discussing your own weaknesses – and how you intend to handle them.

A Picture Is Worth 1000 Words

Visual aides at mediation: Visual aides, videos, photos, charts and diagrams are effective demonstrative aides at trial. Few lawyers take the opportunity to use them in mediation. Visual aides are powerful. They are compelling. They persuade. Using them in mediation gives the other side a preview of what’s in store at trial. You may lose the element of surprise, but in this era when only a tiny minority of cases are tried, they increase your settlement prospects at mediation. A well-respected federal district judge once told me that in criminal cases in his courtroom, federal prosecutors meet with the accused and defense counsel. Using “Trial Director” software, the prosecutor demonstrates how the government intends to present its case at trial. Since beginning the practice, the number of pleas shot up significantly.

Visual aides can close the deal: Visual aides are often far more compelling than words. We say, “a picture is worth 1000 words” for a reason. Accordingly, I encourage you to consider using them in your mediation summaries. When your case involves understanding the significance of financial data, statistics or complicated numbers, the value of charts and graphs grows exponentially.

Incorporate technology: Mediation is an opportunity to take advantage of technology. In a serious injury case, for example, counsel might consider providing the other side and the mediator with a video revealing a day in plaintiff’s life. In an Americans with Disabilities case, which turns on whether a machine can be modified to accommodate plaintiff’s medical condition, a video of the machine in operation could be highly effective. In a landlord-tenant dispute, video of water leaking down from the ceiling onto someone’s expensive computer as a result of inadequate roof repair can be highly persuasive.

Private and Confidential Supplements to Your Mediation Summary

Mediator “eyes only” submissions: During the pre-mediation conference call, I always offer attorneys the option of submitting something in writing on a mediator “eyes only” basis, not to be shared with the other side absent express permission to do so. Lawyers are often reluctant to take advantage of the offer.

Ex parte communications are proper: An “eyes only” submission is an ex parte communication. Most Michigan litigators are familiar with an all-caucus model where the parties sit in separate rooms and the mediator shuttles back and forth carrying messages between them. Every communication in that model is ex parte. Why wait until the day of mediation to start sharing important but sensitive information with the mediator?

Concentrate on interests and needs: That said, private and confidential “eyes only” communications work best when used to discuss a party’s underlying needs and interests rather than positions. Your positions are best laid out in your public, shared submissions. The private letter is an opportunity to tell the mediator how he can best help you. Do you have a problem? Do you face a particular risk? What do you see as the biggest obstacles to settlement? What suggestions do you have to overcome those obstacles? What are your clients underlying needs and interests? Does your client have a concern that if she settles this case, there are numerous other potential claimants out there who might learn about the settlement and sue, as well? How do you size up the underlying needs and interests of the other side? What’s driving them? What would help them get comfortable putting this dispute behind them? Do you have suggestions for settlement options or terms that might be well received by the other side if the monetary issues can be resolved? In my experience, Michigan lawyers are reluctant to agree to this option.

Decide as you write: There is no need to decide immediately during the pre-mediation conference call. Reserve the option “just in case.” As you write your public mediation summary for exchange with opposing counsel and client, think about what you might want to say privately to the mediator. If it makes sense, draft a “private and confidential” eyes-only letter to supplements your public summary.

Most participants in mediation recognize that mediation advocacy is different from the traditional zealous advocacy most common in the judicial process. The same principles apply to your mediation summary. Your written submission presents a unique opportunity to engage in cogent and persuasive written advocacy. If you draft your next written submissions as recommended and package them to deliver a message of professionalism and competence, the results achieved at the table are likely to be better than you expect.

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Nov 14 Shel Stark Awarded Top Honor From ADR Section of Michigan State Bar November 14th, 2023 On October 24, 2023, the Alternative Dispute Resolution Section of the State Bar of Michigan awarded Shel Stark their top honor, the Distinguished Service Award. The Distinguished Service Award is “presented to an individual, program, or entity at the ADR Section’s annual meeting, and is given in recognition of significant contributions to the field of dispute resolution.” Also shown in the photo are Anne Bachle Fifer, recipient of the Nanci Klein Award, Zena Zumeta, the George N. Bashara, Jr. Award, Nakisha Cheney, a Hero of ADR Award, Zenell Brown, recipient of the Diversity and Inclusion Award, and Jennifer N. Grieco, a recipient of the George N. Bashara, Jr. Award. Read More Mar 19 Shel Stark speaks in Grand Rapids March 19th, 2022 On March 18, Shel Stark spoke at the 2022 Voluntary Facilitative Mediation Advanced Refresher Training sponsored by the United States District Court for the Western District of Michigan. The topic presented was “Building a Successful ADR Practice.” Read More

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Introduction

Background on the Course

CO300 as a University Core Course

Short Description of the Course

Course Objectives

General Overview

Alternative Approaches and Assignments

(Possible) Differences between COCC150 and CO300

What CO300 Students Are Like

And You Thought...

Beginning with Critical Reading

Opportunities for Innovation

Portfolio Grading as an Option

Teaching in the computer classroom

Finally. . .

Classroom materials

Audience awareness and rhetorical contexts

Critical thinking and reading

Focusing and narrowing topics

Mid-course, group, and supplemental evaluations

More detailed explanation of Rogerian argument and Toulmin analysis

Policy statements and syllabi

Portfolio explanations, checklists, and postscripts

Presenting evidence and organizing arguments/counter-arguments

Research and documentation

Writing assignment sheets

Assignments for portfolio 1

Assignments for portfolio 2

Assignments for portfolio 3

Workshopping and workshop sheets

On workshopping generally

Workshop sheets for portfolio 1

Workshop sheets for portfolio 2

Workshop sheets for portfolio 3

Workshop sheets for general purposes

Sample materials grouped by instructor

Mediating/Negotiating Essay Checklist

Mediating Essay Checklist

• Have you described clearly the positions adopted by authors in your Aims chapter?
• Does your essay show that you understand the positions?
• Have you written from an unbiased position as mediator?
• Have you moved "beyond the stated positions and the facts of the dispute to expose the underlying interests, values, and beliefs of those in opposition"?
• Have you shown what interests the authors have in common?
• Have you increased each side's understanding of the other?
• Have you explained your solution to the dispute, especially how your position is based on interests and values that will be acceptable to both sides?
• Have you used logic and other appeals effectively?
• Does your essay include evidence from the Aims essays?
• Does your essay include evidence from other sources?
• Have you documented your sources clearly?
• Have you created a clear Works Cited page?
• Step back and look again at focus, development, and coherence. Have you produced a well-written essay?

Negotiating Essay Checklist

• Have you described clearly the positions adopted by members of your group?
• Does your essay make clear that you understand the differences in interests, background, and values among group members?
• Have you made clear the bias from which you are working?
• Have you found a negotiating position that accommodates at least some of the interests of all sides?
• Have you explained your resolution of the conflict?

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7 Tips for Writing a Strong Mediation Brief

Your mediation brief is critical to the mediation process. It signals to your mediator that you are prepared and know what you’re doing. For your opposition it demonstrates that you have convincing evidence, a compelling narrative, and the skills needed to win, should the case go to a trial. Your mediation brief’s most important job is to convince your client. Here are seven tips for writing a strong mediation brief.

Remember that mediation is not about being right

Even the most persuasive advocates are unlikely to convince the opposing side that they are right. Each side has their own agenda and their own version of reality. There can be a lot of bad blood, mistrust, poor communication, and ignorance, and that will get in the way. Mediation isn’t about listening to the other side and agreeing on the facts or who is right. That is just never going to happen. Your goal is to meet in the middle somewhere and compromise, since each side typically thinks they are completely in the right.

Help your client understand

You should be trying to help your client understand the situation, not repeating tired old clichés. Explain to your client the information that is being exchanged in the mediation, and that that information can form the base of a favorable settlement for them. Resist the temptation to speak in clichés such as “the other side is negotiating in bad faith” and your client is “standing on principle.” These kinds of statements are just not helpful to the process. 

Be careful of your tone

“Tone is important because there is big different between mediation advocacy and trial advocacy. You can be persuasive in mediation without crossing over into being insulting or combative,” advises Margaret Ward, project manager at Topcanadianwriters and Studentwritingservices . Don’t accuse the other side of dishonesty or falsifying information, that is not conducive to reaching a settlement. You are trying to find a solution, not win a battle. 

Have a theme

Think about your mediation brief as a story you are telling. Humanize your client and explain what has happened to bring them to this situation. All the best stories have a theme, what will your story’s theme be? Try and make it one that is universal and easy for people to relate to. Some good examples of universally understood themes are “they broke the rules,” “a broken promise,” and “not accepting responsibility for their actions.”

Outline how you think the case can be solved

The most important thing to include is your plan for how the case might come to a resolution. Is there something your client absolutely needs to have? Is your solution something as simple as a payment or possibly an agreement for business in the future? These kinds of proposals are a big part of the reason why mediation results in settlements that are more favorable than one decided in court. 

Talk about risk factors

Your brief should outline what the possible risks are. Examine and weigh these risks and then decide if you should settle on something in mediation or move on to a trial. What evidence do you have to support your client’s claim? Is there an eye-witness that isn’t available for mediation but may become available by the time of a trial? How strong a witness are they? What are the risks for the other side?

Use business writing tools to improve your brief

It’s important that your mediation brief is professional and flawless. Typos and other kinds of writing errors can reflect carelessness and unprofessionalism. Here are some business writing tools that can help you write a better mediation brief:

Academ Advisor – Writing is a skill and it needs to be practiced, and one good way to do that is with a guide. These online business writing guides can help improve your writing process and leave you with a better finished product.

Ox Essays and Boomessays – These tools will help you format your brief properly. Formatting is something that a lot of people struggle with and it’s important to get it right.

Top essay writing services – This is a great resource where you can find grammar checkers and other tools. Grammar is tricky, but if you mess it up you can look like an amateur, so let the pros help you out.

Bigassignments and Academized – Use these online editing and proofreading tools to make sure your mediation brief is flawless. Just one or two errors can discredit your otherwise good effort.

Mediation can be a very effective and beneficial way to resolve a dispute because of its confidential nature and because a decision is not imposed on you. Always try and make the most of a mediation situation; writing a strong brief is the first step in that process. Your written mediation brief, if done professionally and competently, can be a big part of the reason your side receives a favorable resolution. Follow these seven tips for writing a strong mediation brief.

Freddie Tubbs

Freddie Tubbs is a communication manager at Resumention. He regularly attends project management and marketing events, and contributes columns to Revieweal and Write my Australia blogs. MORE >

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7 Proven Steps for Drafting A Mediation Brief

Any great mediation brief should begin with a careful evaluation of your audience. Ask yourself a few questions to understand better who will see your brief. Who is in charge of making the settlement decision? Who is the most important group of people to influence in this document?

Attorneys receive lots of training and spend countless hours practicing to prepare to win appellate briefs, arguments, and summary judgment motions. That said, it’s essential to also focus on the mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.

It’s understandable to think that every brief must focus only on the mediator. However, this isn’t always the case because every mediation session differs. Fortunately, you can prepare for certain recurring themes and situations by reading this helpful guide. Follow these seven steps to start having an easier time writing mediation briefs.

1. Confidential or Non-Confidential?

Mediation briefs are often submitted to a mediator or panel under strict confidentiality during a typical mediation process. With this strong sense of confidentiality, this usually means that opposing parties never see the other party’s mediation briefs.

Unfortunately, a confidential brief can have its drawbacks. A defendant’s mediation brief must convince the plaintiff’s attorney that they value this case far too highly. This same goal can be achieved by presenting another risk factor that makes a lower-figure settlement discussion the optimal goal.

A defense attorney could prepare a well-written brief that isn’t confidential. In this brief, the defense could present something that might cause the defense to lower their respective client’s expectations. In turn, this creates a substantial potential victory for the defense.

On the other hand, a plaintiff’s attorney could use a non-confidential mediation briefing to influence the defendant’s liability insurer and attorney. This attorney could create briefs addressing liability, damages, and coverage issues. These are all issues aimed at defense attorneys, insurance adjusters, and insurance companies’ coverage attorneys.

It’s understandable to want to create confidential mediation briefs, which will help give a mediator valuable insight. However, confidential briefs won’t help insurance adjusters convince their bosses that covered claims must be taken seriously or that reserves must be increased before mediation begins.

You can present a mediation brief that does everything possible to hold the defendant liable for significant damages successfully. Unfortunately, it won’t be able to influence key members of the defendant’s team if they never see it.

2. When to Send This Document In

When it comes to mediation briefs, timing is extremely important. It’s extremely beneficial to complete and distribute mediation briefs well before the mediation process. In some cases, experienced mediators can start looking at everything and be ready to start mediation the next day.

Imagine you send in mediation briefs three weeks in advance during a high-dollar, complicated case. This gives insurance adjusters extra time to work with coverage counsel and to secure the authority to settle the case. Even if you present a winning brief, it’s unlikely to have its intended effect when you submit it at the last minute.

It’s also beneficial for those on the defendant’s side to get mediation briefs prepared and sent out as early as possible. Doing this can alert the plaintiff’s attorney to problems that call for discussions with respective clients right away. Giving everyone extra time to look at a mediation brief’s details can mean the difference between a settlement and another day spent meditating.

3. Creating the Structure of an Excellent Mediation Brief

Many attorneys often spend time wondering what mediation briefs should look like. With that said, this is a difficult question to answer. There’s no set length or magic word total that will help you create winning mediation briefs.

If a matter is cut and dry, there isn’t often a need to create a long-winded mediation brief. However, if you’re dealing with a complicated subject matter and want others to see what you’ve found, lengthy mediation briefs served in advance are a wise option. Like most legal documents, you’ll want to start with the big picture when it comes to structuring mediation briefs. After doing that, you can begin drilling down your topics to focus on more specific issues.

Certain attorneys find that writing a mediation brief’s introduction takes the longest time. This document’s introduction needs to get lots of information across by using as few words as possible. Also, your introduction should make an impact and influence the reader’s thinking. It’s also a good idea to lead the reader along with information so they can anticipate how the rest of the brief will proceed.

Start your brief with a strong introduction that pinpoints all important issues in a way that gives the reader just enough knowledge without overwhelming them. This also provides the reader with the urge to want to keep reading to find out essential information.

Mediation briefs that start with lengthy backgrounds filled with details instead of something short and well-crafted often do not make much of an impact. If you start bombarding your audience with fact after fact, they will wonder what pieces of information they should cling to.

Another possible outcome of presenting too much information is completely tuning out your audience. If you’ve been in a situation where you’re being presented with endless amounts of information, especially in a short time, it’s easy to feel overloaded fast.

4. Acknowledging Helpful and Adverse Cases

Case law can make a major difference in mediation or the outcome of litigation proceedings. With the exception of complicated cases, one or two essential judicial decisions often justify many discussions in briefs.

If you find a helpful judicial decision goes your way, highlight that case. You don’t want to devalue something of such importance by including it in a lengthier part of your mediation brief or tossing it in with one of many other cases you’re going to mention here.

There’s also the possibility of a case going against you. If this happens, acknowledge the situation and try to downplay its impact on the mediated matter at hand. By only mentioning a positive case and avoiding adverse ones, you’re not sending out the right message.

Adverse cases are out there. When they rear their heads, why not show a mediator that you’ve thought about it beforehand? By limiting the impact of these types of cases, it sends a message to the other party that might throw them off.

5. Discussing Special Factors

Something else you can do to help a mediator is to create a brief that highlights factors that might either promote or hinder settlements. You can indeed discuss special factors with a mediator during the mediation process. However, briefing certain factors in advance might give the mediator an advantage going into the mediation. To put it another way, pre-mediation phone calls that take place between attorneys and a mediator can jump-start negotiations.

You’ll want to take a moment to consider the following examples. Think about a plaintiff’s desire to win money or a defendant’s meeting that recently took place with a bankruptcy attorney. These are all things a mediator would want to know about before a mediation session begins. When good mediators learn this type of information, it also helps all parties move towards a reasonable resolution for everyone involved.

However, if special factors aren’t mentioned, they can backfire. If the mediator begins by speaking to the other party, they could accidentally say something that obstructs a settlement dicussion.

As an example, imagine you’re representing a restaurant in an employment case. During this time, you argue your client is struggling to make payroll. You don’t mention this in the brief because you plan to tell the mediator this during the open offer process. However, the mediator speaks with the plaintiff first and casually mentions eating at that restaurant the night before and how full it was. In a few moments, the mediator has unintentionally unraveled the argument about your client having no money.

During mediation, mediators will want to see histories of previous settlement positions and negotiations in all parties’ mediation briefs. Since effective mediation is about all sides agreeing, achieving this goal is hard if you write hatefully to describe the other party.

When writing about the other party, using neutral language and sticking to the relevant facts is best. For example, it would be good to say that “the defendant began negotiating with an offer of $25,000 and the plaintiff made a counter demand of $100,000.” On the other hand, saying something like “the defendant threw out an insulting offer of a mere $25,000” wouldn’t be the best decision.

It’s also never a good idea to use the word “extortion” in any brief unless you’re specifically working on an extortion case. If you’re a defendant and trying to make a claim that the plaintiff is “extorting” money from your client, this is never a wise idea. And, even worse, a smart mediator might call you out on the use of this term. After that, you’re left looking like you don’t have the clearest understanding of what you’re supposed to be doing.

6. The Impact of Exhibits During Mediation

If you’re looking to make a mediation brief stand out, exhibits are great ways to achieve this goal. With that said, you don’t want to overload your brief with lots of exhibits. Doing this can dilute the impact of the exhibit’s power. To avoid this problematic situation, choose a select few pieces of evidence that either show your client’s strengths or the weaknesses of the other party.

While you’ve likely had weeks, months, or even years to study the details of a case, this isn’t always the same for a mediator. In certain situations, mediators might only have one or a few days at most to go over this case. Considering that, you’re going to make the most impact on a mediator by presenting exhibits clearly and in a way that makes an impact on this individual. You can also do this by cutting down lots of exhibits and only including the most powerful ones.

If you’re working with lots of complex data, consider condensing everything into a chart that’s easier to take in. By taking the extra time to make your exhibits stand out, it can impact the mediator and other parties.

7. Writing Your Concluding Remarks

Unfortunately, many attorneys do not spend too much time or effort concluding their briefs. Inserting a weak conclusion in your brief can have more of an adverse effect than you might think.

Take a moment to put yourself in the shoes of a mediator. You’re reading a 30-page document from a defendant with a seemingly airtight case against an opposing counsel. And, all of a sudden, the defendant’s credibility takes a nosedive when you see their weak conclusion. Saying something like “in closing, for all of the reasons we’ve previously mentioned, summary judgment should be in favor of the plaintiff” creates a conclusion you don’t want on your brief.

To ensure you’re writing an effective conclusion, as they often do, imagine a mediator reading this section of your mediation brief first. Would your conclusion give them a clear overall idea of what the points you’re trying to make? If not, it’s time to look over the rest of your brief and take note of your key points.

You’ll also want to echo the main theme of the case you’re working on. There’s no set theme for every type of mediation. To find out more about this theme, take into account the facts, law, previous negotiations, and the unique personalities of everyone involved. When you know the theme of this case or something else you want to be fresh on the mediator’s mind, insert it into your mediation brief’s conclusion.

It’s understandable to have a lot on your mind while preparing a legal argument for a client. With that said, make sure you’re not just doing the bare minimum to rush this document out. Instead, determine who you want this document to include before the mediation begins. Next, use the mediation brief you’ve created to influence those whose decisions matter the most. Creating an excellent mediation brief will take more time and effort, but the results will make your efforts well worth it.

To learn more about drafting a mediation brief, opening statements, and more, contact ADR Times!

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5 Tips for How to Write a Mediation Summary

by BTMediationAdmin | Mar 15, 2021 | Arbitration , Mediation | 0 comments

A good mediation summary includes key components of the narrative and should include a brief summary of the legal issues of your case, so you should know how to write one. 

A written mediation summary is absolutely essential when it comes to communicating during the process. It offers three different audiences a very simple overview of your skills: your client, other attorneys, and your mediation. Your client will once again be reminded of just why they hired you as a great attorney.

The other attorney and his or her clients will quickly know the power of your story, the strength of your evidence, and just how skillful you are should you ever go to trial. Learning how to write a mediation summary that displays all of those traits can be a little daunting if this is the first time trying to write an effective mediation summary. Understanding what works and what doesn’t is absolutely key to moving forward. 

These tips can help:

Find the Right Tone

• Tell a Good Story 
• Include Evidence to Support Your Position

Add an Analysis Section 

• Consider Adding Visual Aids 

Now, let’s get into these tips a little deeper. 

In court, you might have a very different tone than you do in a mediation summary. An effective mediation summary isn’t defensive. It isn’t urging a fast, big solution to the problem. Instead, it is reasonable. Mediation summaries are supposed to encourage collaboration . You want your summary to at least make it look like you’re searching for some common ground. 

After all, everyone involved in the process is trying to settle the dispute, so looking at the situation from that perspective means not being a loud advocate at the moment. Should you go to trial, the day will come when you need to build that tone, but your initial summary should create an atmosphere that helps to encourage settlement, not build additional grievances. 

Be as reasonable as possible as you write. 

Tell a Good Story

An effective mediation summary is a single, coherent narrative.

 It’s the one space in this entire case where you can tell your story as clearly as possible. People are influenced by stories, and telling your client’s story in a persuasive manner can help everyone involved see his or her point of view and create a humanistic perspective instead of making the case about something else entirely. Remember to include a solid theme throughout your story (a life lesson to which everyone can relate) and keep it as simple as possible. 

Good themes are those that almost everyone knows are true” As you tell your story, though, make certain that you’re continually conveying your professionalism and experience. Ensure the document itself is well written, attractive, and looks like a polished document. 

You may also want to prepare additional copies so the attorney on the other side can forward one to his or her client. 

Include Evidence That Supports Your Position

Learning how to write an effective mediation summary means learning how to carefully weave the evidence in so that the story rings true. 

Any place where the validity of your account may be called into question should have corroborating evidence included to back it up. Feel free to include this in the form of exhibits attached to the presentation, as that will help show you are ready to take this case to trial should mediation not be the way forward. 

For example, imagine the dispute at hand is centered around a contract. Make certain that the contract is exhibit A. This not only shows your presentation is ready for the mediation table or the trial, but it also offers powerful proof during the actual mediation. 

Within those exhibits, feel free to highlight the necessary portions to help draw everyone’s attention to exactly what is disputed. In the imaginary contract dispute above, highlight which paragraph created the initial problem. Feel free to quote parts of it in the story as well. 

The story is absolutely essential. However, the evidence to back up the story is important, too. As is a legal analysis of the case to which everyone involved can refer. 

Even if you’ve handled thousands of employment law cases, it may be helpful to see a quick review of the case law involved in the actual case that’s been raised. To do this within your mediation summary, offer a quick note about the essential regulations or codes that apply. Quote the statutory language and previous cases.

You may want to mention the burden of proof or any other analysis that might be helpful to this case. 

Consider including Visual Aids

Your words alone can paint an amazing picture of the case, but including photos, charts, or diagrams are a great way to build out your summary. 

Visual elements can quickly help augment your story and persuade others to see what you do. What’s more is that if you build them out during mediation, you can likely use them should your case go to trial, too. In some cases, the visual aids you include may actually be more compelling than your story. 

Ultimately, mediation summaries are the one space where you can build a careful message you’re certain will be heard without interruption. It’s the space where you can change the decision-making process and reach a settlement faster, and tips like these can help you get there. 

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Riccardo Chiappini  (left) and Ethan Mansur (right) have both worked in ELT for more than 10 years. In addition to collaborating on articles for ELT magazines, they have co-written materials for prominent publishers and institutions like the Spanish Ministry of Education. Most recently they helped with the integration of mediation into the new edition of the That’s English! coursebook series. They have also co-presented on the topic of mediation at ELT conferences around Spain.

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Creating an effective mediation brief

The five critical elements of a mediation brief.

If you are a lawyer going into mediation, you may be asked to submit a mediation brief to the mediator. You may also want to prepare one to organize your strategy. But first, what is a mediation brief? And, how does it differ from a motion or trial brief?

Any number of articles have been published on how to write a mediation brief; however, most focus on three topics.

How to justify a position rather than how to effectively assess the case;

How to educate and prepare everyone for the mediation, including the mediator; or

How to develop successful negotiation strategies.

If you start justifying a position, creative solutions will evaporate. Your conversations with opposing counsel will sound more like arguments presented at trial, rather than true dialogue. If you, in your mediation brief, and for that matter your opening statement, start with “ We want...” or “We will not...,” you will only increase the probability of a stalemate. You may find that your client, not being satisfied with the outcome, may suffer “buyer’s remorse,” which can create significant issues for both you and the mediator.

If you only seek to educate, you will miss the opportunity to present potential solutions, a key step in the process.

And, if you only focus on negotiation strategies, that is, on process, you will likewise miss the opportunity to tell your client’s story.

In sum, a mediation brief should focus on the structure and timing of the brief and the case itself, including the facts, procedural history, applicable case law, decision-making factors, and unresolved issues and potential options for settlement.

Early considerations: Structure and timing

Before starting to assess the case, you must consider two fundamental questions – how long your brief should be and when you should submit it to the mediator. Briefs should be just that – brief. Typically, five pages should be sufficient; however if you have complicated issues to resolve, multiple parties or other mitigating circumstances, your brief might be as long as 15 pages. You should always check local court rules and mediation practices as some alternative dispute resolution programs limit the length of briefs, sometimes to 10 or fewer pages.

You should submit your brief to the mediator at least 30 days prior to the scheduled mediation, and hopefully at least 60 days prior. The mediator will then have sufficient time to evaluate the case and, if needed, contact you for more information. If the case was evaluated more than 60 days in advance of the mediation, then you would be wise to be certain that nothing essential has significantly changed.

Case analysis: The five elements

You must address the following five critical elements when writing a mediation brief:

1.  Summary of facts

2.  Procedural history

3.  Case analysis

4.  Decision-making factors

5.  Issues with options for resolution

By diligently tackling each element, you will increase the likelihood of a creative solution that meets the unique emotional and financial needs of the client. You will also increase the likelihood that the parties will fulfill the terms of the settlement.

Summary of facts

Ideally, to be persuasive, without being misleading, the facts should show rather than tell the story. Several techniques are available for organizing the facts, especially in an emotionally charged situation. Two of these include storyboarding and writing the backstory. You may want to use simple storyboarding with your client to visualize the conflict in context, how it escalated to the point of threatened litigation and under which scenarios it would be resolved.

Additionally, you may consider using the backstory approach in which you tell your client’s story, as the client would want it told. As part of either approach, you can ask your client to put themselves in their opponent’s shoes and tell the opponent’s story to you. Your client may, as a result, see the dispute in a new light and become more open to dialogue and new solutions that can inform the mediation brief.

One tip: When you consider the facts related to the case, be sure to identify both the undisputed and disputed facts. Rather than attempting to justify particular positions or facts, you should state the relevant facts and point out those that are not in dispute. You will have a better chance of preventing both sides “digging in their heels” or going off on tangents and rehashing old wounds, making a settlement harder to achieve.

Procedural history

Briefly outline the chronology of events that led to the case. Include a summary of any offers, demands, or attempts to negotiate a settlement. Sometimes, when the parties review the chain of events, especially offers and proposals, they begin to realize that they may not be so far apart. If you can restart direct negotiations, you may be able to settle without incurring additional cost and time for your client associated with a formal mediation process.

Case analysis and evaluation

Of the five elements of the mediation brief, the most critical will be your analysis of relevant case law and how the holdings apply to the facts of the case at hand. Keep in mind, however, that the point of a mediation brief is not for you to argue the case to a judge, but rather to articulate for the mediator the strengths and weaknesses of each side in the mediation.

Lawyers often skip this step by only viewing the case from their own perspective. To better prepare, you should conduct a 360-degree analysis of the case. For this step, you can draw on the preliminary efforts you and your client made in framing the facts from both sides. The other side will certainly point out the weaknesses, so if you can anticipate the issues and develop a strategy for dealing with them, you will find that reaching a settlement will be easier in the long run.

One technique for assessing the case from both sides is to begin by assessing one side and then physically move to a different room, table or desk and assess the case from the other side’s perspective. When you look at the pros and cons of the case from both sides in advance of the mediation with the client, you will also enhance the likelihood that the parties will settle and your client will be satisfied with the mediation process and your work.

Decision-making factors

One step, which lawyers rarely complete is to identify the key, in addition to the law, that the client, as well as the other side, will use to decide if they accept or reject an offer. Attorneys typically use the law as their decision-making criteria; however, clients rarely do.

A variety of factors influence whether a person will move forward and settle. These are as varied as the people involved in the case. That said, you should consider some of the common ones typically associated with your type of case. For example, if you represent a victim in a personal injury case, your client may want enough money to pay medical bills. If opposing counsel represents a medical provider or an insurance company, these clients may want confidentiality to prevent copycat cases. If you represent a husband or wife in a divorce and child custody dispute, one or both parties may be concerned about preserving relations, especially if they will be co-parenting.

In many instances, clients are also concerned with practical things, such as containing costs, enforcing settlement terms, minimizing tax impacts or simply ending the dispute and achieving a sense of finality. Some may have emotional needs, such as being able to save face, being recognized for having been right, or obtaining an apology for having been wronged.

Once you have considered the likely decision-making factors of all participants, including the insurance companies and creditors if they are involved, you will be better equipped to address the last element: identifying unresolved issues and potential solutions.

Issues and options

To begin, list all the issues that must be resolved for a comprehensive settlement. As you draft this list, you should work with your client to identify at least three possible options for each issue. This is your final and critical step. It will also demonstrate your client’s good faith interest in reaching a settlement as they go into mediation.

For example, if you represent an employee in a wrongful termination case, you might suggest the company re-instate the employee in their position or a comparable position, train the employee for a different position within the company or elsewhere, or agree to provide a positive recommendation on behalf of the employee when asked. If you represent a client in a real estate matter, you could include options that relate to the profession’s customs and standards. Here again, you can draw on the work you and your client did in the previous steps, to anticipate the issues and options and be better able to engage the other side in crafting terms and conditions that they and your client will accept.

Grasp the opportunity. Use the mediation brief to shape the outcome of your case in favor of your client. Follow the guidelines presented and you will achieve this goal.

Nancy Neal Yeend

As of March 31, 2023:

Nancy Neal Yeend retired as a dispute management strategist and mediator. She founded The End Strategy (TES) in Portland, Oregon and mediated pre-suit, trial and appellate cases. Nancy trained over 6500 mediators nationally for courts and private practice. She taught at San Francisco Law School, Franklin Pierce College of Law, Stetson University College of Law, and served as National Judicial College faculty for 28 years.

It is so interesting, thinking back over my 40-year career as a mediator and trainer about all the people I have met, and where I taught.  The story behind how I got hired at Franklin Pierce is really funny. The founder, Robert Rines was sitting on a park bench in SF, waiting for his wife to end her shopping, and was sitting on the same bench waiting for my husband. Bob and I got talking, and long story short, he mentioned wanting to start a mediation course for intellectual property, and asked if I could teach such a course. Of course I said, "Yes". The funny thing is that I did not know a lot about IP, but there were several IP attorneys in my office building, so I took them to lunch and asked them to tell me about cases. That is how I got information, so I could construct the roleplays. I taught for 8 years at Franklin Pierce--this is before it became part of the University of New Hampshire.

The other funny thing about teaching at 3 law schools and NJC, is that I think I have been the only, dumb, female, non-attorney faculty any of them ever had! Oh well, I guess if I had lived in Lincoln's day, I could have been an attorney, since you only had to read the law. I have done lots of reading!

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The mediation process begins with opening statements. The mediator will generally get the ball rolling by introducing him- or herself. At this time, it is advisable to set the tone for the proceedings. Mediation can be extremely tense and stressful for the parties involved, so it is helpful to try to create a positive, relaxed atmosphere where cooperation is encouraged. All parties should be made aware that mutual respect would be expected, as there should be a desire from all involved to reach a resolution.

In this article, you will learn how to facilitate the opening statements of the mediation process.

• What should the mediator's opening statement include?
• How can you help create an effective environment for the mediation?
• What should the parties' opening statements include?

Setting the Stage for Mediation

The mediator plays several roles in the preparation process, and one of the initial jobs will be to educate the complainant and the respondent. This means taking some time during the opening statements to explain what your role will be throughout the mediation. After defining your role, you can also explain their contributions to the proceedings. Both of these tasks help the mediator to create a sense of credibility with the parties. They will see you as being knowledgeable and authoritative.

Once the parties have a reasonable expectation for what mediation can do for them, it is time to lay out the agenda. The mediator may provide it in written format or may just explain it to everyone present. In doing so, he or she eliminates some of the worries that may exist. Once both parties realize that there is a plan of attack and that the items that are important to them are included on the agenda, it will lessen the anxiety.

While there are definite advantages to being seen as an authority in the mediation process, it can also be beneficial to create a rapport with the parties involved. If they feel comfortable with the mediator, they are more likely to work toward a positive outcome. Foster this positive approach by establishing a pattern in which the parties are agreeable and positive. One simple method for doing this is to ask questions that you know will elicit an affirmative answer.

There will also be procedural considerations to keep in mind, and sharing these with everyone will continue to establish you as an authority, as well as to lessen anxieties. Let them know that you plan to take notes so that you can keep your thoughts straight, and offer pens and paper for them to do the same. The mediator's training, as well as the needs of the clients, will come into play when determining the formality required for the proceedings. In cases with extreme hostility, for example, it may be necessary to stick to a much regimented format to keep the entire process from stalling.

Creating these expectations will make your job easier and will improve the chances for a successful mediation. Once the ground rules have been set, the next step is to ensure that both parties are aware of what is expected from them. To drive this point home, obtain a commitment from all involved that they intend to mediate in good faith and to come to an acceptable outcome.

The Parties' Opening Statements

Once the mediator has finished offering his or her opening statements, it is time for the parties to give theirs. To prevent controversy over which party speaks first, the protocol will generally be for whoever filed the claim to start. The mediator will ask him or her to begin. As a mediator, it is important to know that the person who speaks first will often have a bit of a psychological advantage, so keep this in mind when working through the case.

The person who originally filed the claim will often be referred to as the "complainant." He or she will talk about the concerns that have brought everyone into the mediation process in the first place. The mediator should listen closely and take notes. It is then the respondent's turn to speak. Rather than simply responding to what the complainant has said, this is actually the time for him or her simply to explain the issues in his or her own words. It may be difficult to keep this person from going on the defensive, which is why it was important to build that earlier rapport and sense of trust in the process.

The opening statements are an opportunity for everyone to lay out the basic premise behind the concerns and issues of the case. It is not a back-and-forth conversation; rather it is a presentation of ideas. For that reason, the mediator does not jump in to ask questions at this point in the process. Instead, he or she should take notes regarding any questions that may need to be answered or ideas that need to be clarified.

The open session is the portion of mediation that most people think of when they imagine the process. It is the opportunity for each side to offer up its point of view. The conflict will be outlined, along with insights into why the two parties have come to such an impasse. The mediator's job is to remain neutral while hearing both sides, to help uncover hidden problems, and to make both parties feel comfortable to make their voices heard. Additionally, the mediator must ensure that the proceedings remain civil and productive and may need to use a number of skills to make this happen.

• What is the purpose of the open session?
• How and why should you use a caucus?
• What is the mediator's role in the open session?

Facilitating the Open Session

The opening statements of the mediation process serve a number of purposes, and they are therefore necessary before moving on to the open session. For example, they allow the mediator to explain clearly the process to the parties. In addition, they help to show the mediator just how far apart the parties are on the issues. He or she may discover that there is more common ground than the complainant and respondent realize, or that there is an extensive amount of work that needs to be done.

The next step in the process is to move into the open session. This may also be referred to as a "joint discussion" because it allows, for the first time, the mediator and the parties to interact with one another. A great way to get this stage of the process started is for the mediator to recap and summarize the opening statements that were given by each party. If he or she has any questions relating to those opening statements or need clarification, this is the time to bring up those issues.

By carefully choosing the issues to examine further, the mediator is in a position to redirect the parties' attention from being "right" or "wrong" to focus on what their interests are in the situation. One or both of them may discover that they can still get what they need out of the process without "winning" or "losing."

If the parties are working well, then it is appropriate to allow them to discuss the issues directly, with the mediator keeping more of a distance. The decision about how much to allow them to interact should be based on a number of factors.

• Are they interacting respectfully and actually listening to one another?
• Are they keeping their emotions under control?
• Do the parties have the ability to move through the process with less guidance?
• Is it likely that they will be able to reach a positive resolution with less input from the mediator?

Using the Caucus

While it is advisable to work as many things out as possible within the group, sometimes it is necessary for a caucus to take place. A caucus is simply a meeting between one of the parties and the mediator. The other party will not be included in the meeting, and anything discussed there that was not previously brought up in the open session must remain confidential, unless explicitly stated otherwise. Before returning to open session, the mediator should review with the party what information can be disclosed and what information needs to remain confidential. It is permissible for the party to later decide to reveal that same information; rather, it is only the mediator who must keep it confidential.

A caucus may be needed for one of several reasons. In some cases, it is simply because the parties need some time apart to calm down and refocus their efforts. A caucus is also used so that one of the parties can discuss confidential information without the other party listening. This may pertain to any aspect of the case, including potential settlement options. He or she may also be able to "save face" by telling the mediator of compromises that could be made without bringing them up in front of the opposing party.

Finally, a caucus can also be called for the mediator's benefit. If he or she needs to take a break from a tense situation, this is an acceptable method. After all, the mediator needs to remain calm, and this can be difficult in somewhat hostile situations. In addition, there may be cause to do some research or to get advice from appropriate resources.

The Mediator's Role

Whether in an open session, a caucus, or separate sessions, the mediator plays an extremely important role in the search for a solution to the parties' problems. One of the most crucial aspects of the job is to remain neutral. This can be a difficult thing to do, but the success of the mediation hinges on your ability to do your job in an unbiased manner. While remaining neutral, the mediator will work diligently to truly understand each party's position on the issues.

It is also the mediator's job to be aware of any hidden agendas that one or both parties may have in regards to the process. This can include both the consequences of getting what they want and the consequences of not getting what they want. If there is a hidden reason for a certain behavior, it makes it harder for the mediator to determine what is happening. Use your skills to help the parties get to the heart of their desires and behaviors, and you will be more successful in helping them reach an acceptable outcome.

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The Beginner's Guide to Writing an Essay | Steps & Examples

An academic essay is a focused piece of writing that develops an idea or argument using evidence, analysis, and interpretation.

There are many types of essays you might write as a student. The content and length of an essay depends on your level, subject of study, and course requirements. However, most essays at university level are argumentative — they aim to persuade the reader of a particular position or perspective on a topic.

The essay writing process consists of three main stages:

• Preparation: Decide on your topic, do your research, and create an essay outline.
• Writing : Set out your argument in the introduction, develop it with evidence in the main body, and wrap it up with a conclusion.
• Revision:  Check your essay on the content, organization, grammar, spelling, and formatting of your essay.

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Table of contents

Essay writing process, preparation for writing an essay, writing the introduction, writing the main body, writing the conclusion, essay checklist, lecture slides, frequently asked questions about writing an essay.

The writing process of preparation, writing, and revisions applies to every essay or paper, but the time and effort spent on each stage depends on the type of essay .

For example, if you’ve been assigned a five-paragraph expository essay for a high school class, you’ll probably spend the most time on the writing stage; for a college-level argumentative essay , on the other hand, you’ll need to spend more time researching your topic and developing an original argument before you start writing.

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Before you start writing, you should make sure you have a clear idea of what you want to say and how you’re going to say it. There are a few key steps you can follow to make sure you’re prepared:

• Understand your assignment: What is the goal of this essay? What is the length and deadline of the assignment? Is there anything you need to clarify with your teacher or professor?
• Define a topic: If you’re allowed to choose your own topic , try to pick something that you already know a bit about and that will hold your interest.
• Do your research: Read  primary and secondary sources and take notes to help you work out your position and angle on the topic. You’ll use these as evidence for your points.
• Come up with a thesis:  The thesis is the central point or argument that you want to make. A clear thesis is essential for a focused essay—you should keep referring back to it as you write.
• Create an outline: Map out the rough structure of your essay in an outline . This makes it easier to start writing and keeps you on track as you go.

Once you’ve got a clear idea of what you want to discuss, in what order, and what evidence you’ll use, you’re ready to start writing.

The introduction sets the tone for your essay. It should grab the reader’s interest and inform them of what to expect. The introduction generally comprises 10–20% of the text.

1. Hook your reader

The first sentence of the introduction should pique your reader’s interest and curiosity. This sentence is sometimes called the hook. It might be an intriguing question, a surprising fact, or a bold statement emphasizing the relevance of the topic.

Let’s say we’re writing an essay about the development of Braille (the raised-dot reading and writing system used by visually impaired people). Our hook can make a strong statement about the topic:

The invention of Braille was a major turning point in the history of disability.

2. Provide background on your topic

Next, it’s important to give context that will help your reader understand your argument. This might involve providing background information, giving an overview of important academic work or debates on the topic, and explaining difficult terms. Don’t provide too much detail in the introduction—you can elaborate in the body of your essay.

3. Present the thesis statement

Next, you should formulate your thesis statement— the central argument you’re going to make. The thesis statement provides focus and signals your position on the topic. It is usually one or two sentences long. The thesis statement for our essay on Braille could look like this:

As the first writing system designed for blind people’s needs, Braille was a groundbreaking new accessibility tool. It not only provided practical benefits, but also helped change the cultural status of blindness.

4. Map the structure

In longer essays, you can end the introduction by briefly describing what will be covered in each part of the essay. This guides the reader through your structure and gives a preview of how your argument will develop.

The invention of Braille marked a major turning point in the history of disability. The writing system of raised dots used by blind and visually impaired people was developed by Louis Braille in nineteenth-century France. In a society that did not value disabled people in general, blindness was particularly stigmatized, and lack of access to reading and writing was a significant barrier to social participation. The idea of tactile reading was not entirely new, but existing methods based on sighted systems were difficult to learn and use. As the first writing system designed for blind people’s needs, Braille was a groundbreaking new accessibility tool. It not only provided practical benefits, but also helped change the cultural status of blindness. This essay begins by discussing the situation of blind people in nineteenth-century Europe. It then describes the invention of Braille and the gradual process of its acceptance within blind education. Subsequently, it explores the wide-ranging effects of this invention on blind people’s social and cultural lives.

Write your essay introduction

The body of your essay is where you make arguments supporting your thesis, provide evidence, and develop your ideas. Its purpose is to present, interpret, and analyze the information and sources you have gathered to support your argument.

Length of the body text

The length of the body depends on the type of essay. On average, the body comprises 60–80% of your essay. For a high school essay, this could be just three paragraphs, but for a graduate school essay of 6,000 words, the body could take up 8–10 pages.

Paragraph structure

To give your essay a clear structure , it is important to organize it into paragraphs . Each paragraph should be centered around one main point or idea.

That idea is introduced in a  topic sentence . The topic sentence should generally lead on from the previous paragraph and introduce the point to be made in this paragraph. Transition words can be used to create clear connections between sentences.

After the topic sentence, present evidence such as data, examples, or quotes from relevant sources. Be sure to interpret and explain the evidence, and show how it helps develop your overall argument.

Lack of access to reading and writing put blind people at a serious disadvantage in nineteenth-century society. Text was one of the primary methods through which people engaged with culture, communicated with others, and accessed information; without a well-developed reading system that did not rely on sight, blind people were excluded from social participation (Weygand, 2009). While disabled people in general suffered from discrimination, blindness was widely viewed as the worst disability, and it was commonly believed that blind people were incapable of pursuing a profession or improving themselves through culture (Weygand, 2009). This demonstrates the importance of reading and writing to social status at the time: without access to text, it was considered impossible to fully participate in society. Blind people were excluded from the sighted world, but also entirely dependent on sighted people for information and education.

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The conclusion is the final paragraph of an essay. It should generally take up no more than 10–15% of the text . A strong essay conclusion :

• Returns to your thesis
• Ties together your main points
• Shows why your argument matters

A great conclusion should finish with a memorable or impactful sentence that leaves the reader with a strong final impression.

What not to include in a conclusion

To make your essay’s conclusion as strong as possible, there are a few things you should avoid. The most common mistakes are:

• Including new arguments or evidence
• Undermining your arguments (e.g. “This is just one approach of many”)
• Using concluding phrases like “To sum up…” or “In conclusion…”

Braille paved the way for dramatic cultural changes in the way blind people were treated and the opportunities available to them. Louis Braille’s innovation was to reimagine existing reading systems from a blind perspective, and the success of this invention required sighted teachers to adapt to their students’ reality instead of the other way around. In this sense, Braille helped drive broader social changes in the status of blindness. New accessibility tools provide practical advantages to those who need them, but they can also change the perspectives and attitudes of those who do not.

Write your essay conclusion

Checklist: Essay

My essay follows the requirements of the assignment (topic and length ).

My introduction sparks the reader’s interest and provides any necessary background information on the topic.

My introduction contains a thesis statement that states the focus and position of the essay.

I use paragraphs to structure the essay.

I use topic sentences to introduce each paragraph.

Each paragraph has a single focus and a clear connection to the thesis statement.

I make clear transitions between paragraphs and ideas.

My conclusion doesn’t just repeat my points, but draws connections between arguments.

I don’t introduce new arguments or evidence in the conclusion.

I have given an in-text citation for every quote or piece of information I got from another source.

I have included a reference page at the end of my essay, listing full details of all my sources.

My citations and references are correctly formatted according to the required citation style .

My essay has an interesting and informative title.

I have followed all formatting guidelines (e.g. font, page numbers, line spacing).

Your essay meets all the most important requirements. Our editors can give it a final check to help you submit with confidence.

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An essay is a focused piece of writing that explains, argues, describes, or narrates.

In high school, you may have to write many different types of essays to develop your writing skills.

Academic essays at college level are usually argumentative : you develop a clear thesis about your topic and make a case for your position using evidence, analysis and interpretation.

The structure of an essay is divided into an introduction that presents your topic and thesis statement , a body containing your in-depth analysis and arguments, and a conclusion wrapping up your ideas.

The structure of the body is flexible, but you should always spend some time thinking about how you can organize your essay to best serve your ideas.

Your essay introduction should include three main things, in this order:

• An opening hook to catch the reader’s attention.
• Relevant background information that the reader needs to know.
• A thesis statement that presents your main point or argument.

The length of each part depends on the length and complexity of your essay .

A thesis statement is a sentence that sums up the central point of your paper or essay . Everything else you write should relate to this key idea.

The thesis statement is essential in any academic essay or research paper for two main reasons:

• It gives your writing direction and focus.
• It gives the reader a concise summary of your main point.

Without a clear thesis statement, an essay can end up rambling and unfocused, leaving your reader unsure of exactly what you want to say.

A topic sentence is a sentence that expresses the main point of a paragraph . Everything else in the paragraph should relate to the topic sentence.

At college level, you must properly cite your sources in all essays , research papers , and other academic texts (except exams and in-class exercises).

Add a citation whenever you quote , paraphrase , or summarize information or ideas from a source. You should also give full source details in a bibliography or reference list at the end of your text.

The exact format of your citations depends on which citation style you are instructed to use. The most common styles are APA , MLA , and Chicago .

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• Negotiation Journal Now Open Access, New Issue Just Released!

By Lara SanPietro — on August 20th, 2024 / Teaching Negotiation

The Negotiation Journal – a multidisciplinary publication focused on negotiation, mediation, and conflict resolution – celebrates 40 years, joins MIT Press, and is now fully open access.

The Negotiation Journal is an international, multidisciplinary journal devoted to the publication of works that advance the theory, analysis, practice, and instruction of negotiation, mediation, and conflict resolution. Now published by MIT Press, in collaboration with the Program on Negotiation, the journal offers a wide range of articles, including those on the economic, legal, psychological, pedagogical, sociological, institutional, and theoretical aspects of dispute resolution. Readers will find reports on cutting-edge research, a wide range of case studies, teacher’s reports about what does and doesn’t work in the classroom, essays on leading practices, state-of-the-art essays, and book reviews.

As part of its move to a new publisher, the journal is now fully open access, with most of its issues published over the last 40 years freely available to the public. Professor James K. Sebenius , editor of the Negotiation Journal , celebrated the move, saying “The Negotiation Journal is delighted to partner with MIT Press as we transition to open access publishing and the journal becomes available worldwide to readers and authors free of charge. As an interdisciplinary journal based at Harvard Law School, we aim to provide those who study and teach negotiation, mediation, and conflict resolution with invaluable intellectual capital. Drawing on authors from around the world, our scholarly articles, case studies, and pedagogical insights offer useful analytical frameworks, diagnostic tools, and prescriptive theory to address the world’s most challenging deals and disputes.” The journal’s quarterly issues are now freely available online, anywhere in the world, with no fees for scholars who wish to publish in the journal. This move comes at a critical time for the field, according to PON faculty chair, Professor Guhan Subramanian . The “ Negotiation Journal has been an invaluable resource for anyone interested in the pedagogy, practice, and theory of negotiation, mediation, and conflict resolution for almost 40 years. The need for scholarly, pedagogical, and practitioner resources in these areas has never been greater,” explained Subramanian. “With a shift to Open Access, we are pleased to make this material available free of charge to both contributors and readers.”

In addition to issues dating back to the journal’s founding 40 years ago, the newly released issue ( Volume 40, Issue 1-2 ) is available online for free. This current issue features articles that provide concrete advice for effectively managing the turbulence and discord that define these times. Check out the newest issue of the Negotiation Journal , in addition to historical issues, on the journal’s website . 

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Preparing for negotiation.

Understanding how to arrange the meeting space is a key aspect of preparing for negotiation. In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiator’s success. This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School.

Guhan Subramanian is the Professor of Law and Business at the Harvard Law School and Professor of Business Law at the Harvard Business School.

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The Appeal of Mediation: An Increasingly Successful Practice

In more recent years, led by the appellate courts, the use of mediation during appeal has become more widespread and increasingly successful.

August 19, 2024 at 08:00 AM

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It is a truism that most civil cases are settled. A number of studies have put the aggregate settlement rate at 95%, although that seems unduly high, as such other forms of nontrial disposition (dismissals, voluntary discontinuances) may not be accounted for. According to the 2023 Annual Report of the Chief Administrator, 33,632 out of 165,101 civil cases in New York State Supreme Court, or 20%, were disposed by settlement. Only 1,322 verdicts were reported, representing less than 1% of the total dispositions.

Aggregate settlement rates tell only a portion of the story. Tort cases generally have high settlement rates, perhaps because the parameters of compensation for discrete injuries are well known. Contract cases also settle at a high rate, which may be attributable to the parties’ ability to evaluate both the responsibility for breach and the recoverable damages. Employment discrimination and constitutional tort cases may be more difficult to settle.

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15 Things You Can Do With ChatGPT

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What is chatgpt.

• Quickly Write a Customized Resume and Cover Letter
• Create Original Jokes and Memes
• Explain Complex Topics
• Solve Tricky Math Problems Step-by-Step
• Write Music In Almost Any Genre
• Write, Debug, and Explain Code
• Create, Edit, and Modify Media Files
• Decide What to Watch Next
• Get Cooking Help
• Improve Your Health
• Translate and Learn In Multiple Languages
• Prepare for a Job Interview
• Write Essays on Almost Any Topic
• A Chat Companion

Key Takeaways

• ChatGPT is a versatile tool that can help with tasks like writing customized resumes & cover letters.
• The AI can generate original jokes and memes, as well as explain complex topics in an easy-to-understand manner.
• ChatGPT can assist with mathematics, music composition, coding, media file manipulation, and health improvement.

Artificial intelligence tools have seen a meteoric rise within the last few years. We've been wowed by AI writing tools, AI image generators, and even AI self-portraits. Since its launch in November 2022, ChatGPT has gotten a lot of attention for its numerous uses. To help you leverage this tool, here are 15 ways you can also use ChatGPT.

If you've somehow missed the whole ChatGPT buzz, or you're not exactly sure what it's all about, let's help you get up to speed. ChatGPT is a conversational artificial intelligence chatbot that can answer just about any question you throw at it.

You can think of it as a supercharged Google Search. Rather than just providing links or snippets, ChatGPT generates thoughtful, conversational responses to queries. It synthesizes information from diverse sources into cohesive answers on nearly any topic, similar to how a knowledgeable human would respond.

While not infallible, ChatGPT demonstrates an impressive ability to understand natural language questions and offers nuanced explanations in a lot of fields.

ChatGPT is more than just hype—it has practical uses. Here are some cool day-to-day uses for ChatGPT you can try right now.

1. Quickly Write a Customized Resume and Cover Letter

If you're currently job-hunting, one of the most tiring parts of the job application process is writing a personalized resume and cover letter for every job you apply for. You need custom-made copies for each job to increase your chances of getting hired. ChatGPT can help you create a customized resume or craft professional cover letters in minutes.

We asked ChatGPT to write a resume for a content marketing role at a fictional SaaS company, and it was near perfect.

We also prompted it to prepare a cover letter for the same role, and the first result wasn't bad.

Notice how detail-rich and well-formatted the resume and cover letter are? How did I do it? I pasted my LinkedIn profile details, and then asked ChatGPT to write a resume for the target role "using LaTex." I copied the result, pasted it in a free latex editor like Overleaf , and compiled it.

2. Create Original Jokes and Memes

What's life without a bit of fun? Whether you're looking for a good laugh or to create some hilarious jokes to impress your friends, ChatGPT can come in handy. Sure, AI chatbots aren't exactly known to be great comedians, but ChatGPT shows some potential. We asked ChatGPT to tell us a joke about Apple and foldable smartphones; we'll let you judge the results:

ChatGPT can also create images, so you can also play around with meme ideas. Here's one to try: Ask ChatGPT to create a meme about the grind of 9-to-5 jobs.

3. Explain Complex Topics

Sometimes, simply Googling a topic doesn't give you a clear understanding. Think of topics like wormholes, dark matter, and all those head-spinning theories. Or maybe it's a weird sport you don't understand.

ChatGPT could be useful in explaining them in layperson terms. We prompted ChatGPT to "Explain wormholes like I'm 5," and here's the result:

We also prompted it to explain the internet similarly. It wasn't too bad, either.

4. Solve Tricky Math Problems Step-by-Step

Whether you're looking to tackle complex algebra problems or simple math problems that are too tricky to piece together, ChatGPT is particularly strong at handling math. You'll need to present your problems clearly and concisely for the best results. We prompted ChatGPT to answer a tricky math problem, and here's the result:

5. Write Music In Almost Any Genre

One of the most exciting things you can do with ChatGPT is writing a song. It might sound like a bad idea at first, but it's really a fun thing to try. The results can be amazing when you get the prompts right. The key to getting the best result is to provide as many details as possible about how you want the song to be. Need a mix of English and some Spanish with a touch of Afrobeat style? Just say it.

If you really want to find out how good your lyrics would sound in an actual song, you'll need to head over to a tool like Suno.ai to turn the lyrics into music. Just paste the lyrics into the tool, make some tweaks and listen to what ChatGPT could make.

6. Write, Debug, and Explain Code

Whether you're an experienced programmer or a newbie, you're bound to run into a few bugs in your code from time to time. ChatGPT can help you narrow down the problem within your code, saving you hours looking for a misplaced comma. You can also write entire blocks of functional code snippets from scratch or analyze existing code bases to figure out the best ways to use them. There are endless ways you can use ChatGPT in programming .

We prompted ChatGPT to write a simple to-do list app using HTML, CSS, and JavaScript, and here's the result:

We also got the AI chatbot to write us a simple Tetris game, snake game, pong game, and even code a complete chat web app from scratch . ChatGPT is a very useful programming tool.

7. Create, Edit, and Modify Media Files

With ChatGPT, you can create, edit, modify, and read from a wide range of media files. The feature which is available on the ChatGPT Plus plan provides an interface to programmatically create images, modify videos, adjust audio tracks, and retrieve crucial metadata from media files with ease and precision.

To learn more about manipulating media files with ChatGPT, read our guide on how to use the ChatGPT Code Interpreter feature .

8. Decide What to Watch Next

ChatGPT is one of the most powerful movie recommendation tools on the internet if you know how to use it. While there are dozens of powerful movie recommendation tools you can get your hands on, ChatGPT stands out because of the accuracy and precision you get from simply describing the kind of movies you want using simple natural language prompts.

We asked ChatGPT to give us some movies that are similar to "The Walking Dead" and here's the result:

Not sure how to use ChatGPT as a movie recommendation tool? We've previously put together a detailed guide on how to use ChatGPT to decide what to watch next .

9. Play Games

Looking for a fun activity? ChatGPT has some creative game ideas to try with friends or by yourself. You could play classic games like tic-tac-toe or trivia with new twists that ChatGPT can suggest to make it more engaging. Whether you want a competitive game against ChatGPT or a cooperative game you can all play together, ChatGPT can provide unique game suggestions tailored to what you're looking for.

So if you're bored and want to try something new, ask ChatGPT to invent a fun, customized game—it's a great way to liven up your day! Not sure which games you can play with ChatGPT? Here are some interesting games you can play with ChatGPT right now .

10. Get Cooking Help

A robot help in the kitchen? ChatGPT and cooking seem like a weird combination, but it works excellently if you know the right prompts to use. You can use ChatGPT to explore new recipes, prepare shopping lists, brainstorm new flavor combinations, learn new cooking tips, or explore healthier ways to cook popular meals .

Fancy testing ChatGPT's culinary skills? Here are some interesting ways you can use ChatGPT as a cooking assistant .

11. Improve Your Health

With its vast wealth of health information, you can leverage ChatGPT to improve your health in several ways. It can help you create personalized workout and meal plans tailored to your unique needs.

You can also use it to develop healthy habits like sleep routines and mindfulness practices or even use it as a medical symptom checker. Although ChatGPT has its limitations in the field of health, it is still an immensely useful tool you can utilize to improve your health. We've put together a guide on how to use ChatGPT to improve your health .

12. Translate and Learn In Multiple Languages

ChatGPT is a great tool to have around if you need to work in multiple languages. It is fluent in dozens of languages. If you're a content creator who would love to reach a wider audience, ChatGPT could be incredibly useful for creating content in multiple languages.

Sure, there's Google Translate, but writing in one language and translating to the other means context and language-specific tones could be lost. When we compared ChatGPT to Google Translate in translation tasks, ChatGPT was noticeably better in several metrics.

With ChatGPT's latest voice mode, the tool has become even significantly more powerful for those trying to learn a new language or communicate with someone that speaks a different one.

13. Prepare for a Job Interview

With its wealth of knowledge across several fields, ChatGPT is one of the best AI tools to help you prepare for a job interview. With a few intelligent prompts, ChatGPT can help you get your dream job . You can use it to generate hypothetical scenarios in a job interview, possible questions, intelligent replies to possible questions, and many other useful interview prep tips.

We created a hypothetical situation during an interview and asked ChatGPT for help. Here's the result:

14. Write Essays on Almost Any Topic

While we strongly advise you to write your essays yourself, ChatGPT can compose amazing essays on a wide range of topics, even the most complex. If the tone of the resulting write-up doesn't suit your test, you can teach ChatGPT how to write like you so you can get the chatbot to replicate your writing style.

15. A Chat Companion

When all is said and done, ChatGPT is an AI chatbot. Despite its almost endless use cases, ChatGPT is a very accommodating companion when you need someone (or a robot) to talk to.

Despite ChatGPT's impressive capabilities, the AI chatbot is not infallible. Consequently, exercising caution with ChatGPT's information is highly advised. Always strive to verify any critical data from ChatGPT before applying it, especially for important health or financial choices. While ChatGPT is a game-changing tool, it is still a work in progress, and human oversight remains essential.

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Guest Essay

An Experiment in Lust, Regret and Kissing

By Curtis Sittenfeld

Ms. Sittenfeld is the best-selling author of seven novels. Her second story collection, “Show Don’t Tell,” will be published next year.

This summer, I agreed to a literary experiment with Times Opinion: What is the difference between a story written by a human and a story written by artificial intelligence?

We decided to hold a contest between ChatGPT and me, to see who could write — or “write” — a better beach read. I thought going head-to-head with the machine would give us real answers about what A.I. is and isn’t currently capable of and, of course, how big a threat it is to human writers. And if you’ve wondered, as I have, what exactly makes something a beach read — frothy themes or sand under your feet? — we set out to get to the bottom of that, too.

First, we asked readers to vote on which themes they wanted in their ideal beach read. We also included some options that are staples of my fiction, including privilege, self-consciousness and ambivalence. ChatGPT and I would then work using the top vote-getters.

Lust, regret and kissing won, in that order. Readers also wrote in suggestions. They wanted beach reads about naps and redemption and tattoos gone wrong; puppies and sharks and secrets and white linen caftans; margaritas and roller coasters and mosquitoes; yearning and bonfires and women serious about their vocations. At least 10 readers suggested variations on making the characters middle-aged. One reader wrote, “We tend to equate summer with kids,” and suggested I explore “Why does summer still feel special for older people?”

So I added middle-age and another write-in, flip-flops — because it seemed fun, easy and, yes, summery — to the list and got to work on a 1,000-word story.

My editor fed ChatGPT the same prompts I was writing from and asked it to write a story of the same length “in the style of Curtis Sittenfeld.” ( I’m one of the many fiction writers whose novels were used, without my permission and without my being compensated, to train ChatGPT. Groups of fiction writers, including people I’m friends with, have sued OpenAI, which developed ChatGPT, for copyright infringement. The New York Times has sued Microsoft and OpenAI over the use of copyrighted work.)

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2025 Essay Preparation for A Level Biology AQA

Subject: Biology

Age range: 16+

Resource type: Lesson (complete)

Last updated

15 August 2024

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This is the latest version, recently updated with the 2024 accessible essays.

CONTEXT: Every year, at least one Biology essay is very accessible, usually both are. This resource is to practise and revise for the accessible essay(s). It makes the preparation SPECIFIC, and EASY.

Included is + key revision of the 14 common topic areas (AO1) to learn. + written importance examples (AO2) to learn, from the 14 common topics. + a figure on how often each topic has appeared on essay mark schemes from 2017-2024. + a list of the accessible titles in the essays (from 2017-2024) + an easy-to-understand essay mark scheme

TEACHERS, use as a lesson resource, throughout upper 6, and as a preparation session before Paper 3. STUDENTS use for focussed revision and to practise writing essay paragraphs. You can even memorise paragraphs to rewrite.

All my students using this resource scored in double figures, with many scoring over 19/25.

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Qatari mediation was already producing diminishing returns – assassination of Hamas negotiator further erodes Gulf state’s role

Fellow for the Middle East at the Baker Institute, Rice University

Disclosure statement

Kristian Coates Ulrichsen does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Rice University provides funding as a member of The Conversation US.

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When the longtime political chief of Hamas was assassinated in late July 2024, it didn’t just leave the entire Middle East on edge. It also created a political headache in Qatar.

That’s because the death of Ismail Haniyeh, the result of an apparent Israeli operation, struck a blow to Doha’s already sputtering diplomatic efforts in the Middle east.

The Gulf state has long been the staging ground for negotiations involving Israelis and Palestinians, including Haniyeh, who lived in Qatar. But recent criticism from the U.S. and Israel for, in their view, failing to put enough pressure on Hamas had led Qatar’s leaders to question its role .

And then came Haniyeh’s death.

“How can mediation succeed when one party assassinates the negotiator on the other side?” pondered Qatar’s prime minister and top diplomat, Sheikh Mohammed bin Abdulrahman Al Thani. Israel is widely believed to be behind the assassination, although no claim of responsibility has been made.

As an expert on Gulf politics , I believe bin Abdulrahman’s question is a valid one. As the first anniversary of the Oct. 7 attack in Israel approaches, Qatari officials face a challenge. Mediation has produced diminishing returns – both for the warring parties and for Qatar itself. But moving away from mediation would represent a seismic shift for Qatar, which has put it at the heart of its foreign policy for decades.

Diplomacy as policy

Qatar is a small state in a volatile neighborhood. Over the past 45 years, the region has experienced multiple interstate wars and periods of revolutionary upheaval. Throughout that time, successive generations of Qatari leaders have looked toward diplomacy and mediation as a way to advance the country’s interests.

Indeed, Qatar’s constitution , in effect since 2004, requires a foreign policy “based on the principle of encouraging peaceful resolution of international disputes.”

Such a formal commitment to dispute resolution marks Qatar as distinct from most of its Gulf peers. But the approach is rooted in a pragmatic calculation of how and where a small country can best exercise leverage in regional and foreign policy.

In this way, Qatari officials have worked as mediators for two decades.

Initially, they found success, helping resolve in 2008 a particularly intractable political crisis in Lebanon , which appeared to be heading to civil war. The breakthrough in Lebanon and a two-year stint on the United Nations Security Council in 2006 and 2007 helped put Qatar on the diplomatic map.

But Qatar’s negotiating efforts haven’t always worked out . Qatari officials failed to facilitate breakthroughs between warring Sudanese factions in Darfur in 2011 and between the Houthis and the central government in Yemen’s decadelong civil war since 2014 .

Much of the early mediation efforts were led by the veteran foreign minister Sheikh Hamad bin Jassim Al Thani , who was also appointed prime minister in 2007.

Bin Jassim engaged in a personalized style of policymaking based on his vast range of international contacts and his ability to lean on Qatari entities, such as the Qatar Investment Authority, in his diplomatic efforts.

Evolving policy

Bin Jassim stepped down as both prime and foreign minister in June 2013 as part of a carefully planned handover of power to the current emir of Qatar, Sheikh Tamim bin Hamad Al Thani.

By this time, the Qatari leadership was facing a backlash from neighbors such as Saudi Arabia and the United Arab Emirates over what they viewed as Qatari support or sympathy for Islamist movements during the multinational series of uprisings known as the Arab Spring .

In 2017, the Saudis and Emiratis, along with Bahrain and Egypt, cut diplomatic ties with Qatar and accused Doha – without evidence – of supporting regional terrorist groups.

But such criticism didn’t deter Qatar from its policy of mediation as diplomacy. Rather, in the decade since the 2013 political transition in Doha, Qatari mediation has evolved and expanded. In 2023, a new position of Minister of State for International Cooperation was created within the Foreign Ministry, giving greater institutional depth and professional capability to policymaking.

Qatar’s mediation efforts have also evolved away from the unilateral actions involving Islamist groups that raised regional concerns during the Arab Spring .

Instead, Qatari officials have acted at the request of other countries to serve as potential mediators.

In this way, the Gulf state worked intensively with the U.S. and representatives from the Taliban in a process that culminated in the 2020 Doha Agreement that set a timeline for U.S. withdrawal from Afghanistan.

It similarly worked with Israeli officials to facilitate financial and humanitarian support for the Gaza Strip in the five years prior to the Hamas-led attacks of Oct. 7.

Hamas retreats to the tunnels

But since that assault and the Israeli operation in Gaza that followed, Qatari mediation has had only limited success.

It was instrumental in negotiating the temporary cease-fire in November, but fighting quickly resumed and the devastation of Gaza intensified soon after.

Meanwhile, both U.S. and Israeli politicians have attacked Qatar for continuing dialogue with Hamas.

That criticism led the Qatari prime minister to warn in April that Doha may reassess its role in Gaza as a result.

Four months on, the killing of Haniyeh has narrowed still further the pathway for further diplomacy. Haniyeh, like his predecessor as head of the Hamas Political Bureau , Khaled Mashal, had a base in Doha.

The man appointed to succeed Haniyeh in that role, hardliner Yahya Sinwar , is believed to be in a tunnel in Gaza and cannot reasonably hope to be in Doha given the current circumstances.

Following Haniyeh’s death, the White House did reach out to Qatar to thank the nation for its mediating efforts , but it’s increasingly difficult to see how Qatar can broker any breakthrough.

Talks will continue. Israeli and Egyptian officials met in Cairo on Aug. 3, after Haniyeh’s assassination, without Qatari representation. But negotiations broke down after Israeli Prime Minister Benjamin Netanyahu reportedly imposed new demands.

De-escalating Iran tensions

With the dominant view in Doha that Israeli leadership simply isn’t willing to engage in good-faith talks, still less reach a cease-fire deal, officials in Qatar are likely to focus on mitigating any Iranian response against Israel. This began with an emergency meeting of the Organization of Islamic Conference members, including Iran, in Jeddah in Saudi Arabia on Aug. 7.

With no viable political strategy for a Gaza cease-fire currently in place, de-escalating tensions involving Iran – rather than trying to broker peace between Palestinians and Israelis – will dominate Qatar’s approach in the days and weeks ahead.

• Foreign policy
• Middle East
• Gulf states
• Palestinians
• Biden administration
• Oct. 7 2023 attack

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