10 QUESTIONS ON ADR
8. What written materials should I prepare?
Whatever will: (a) demonstrate that you know the most about the case; and (b) ready the reader to rely on your position as the fair and correct result.
Your pre-hearing statement may vary depending on the nature of the proceeding (i.e., mediation versus arbitration), but should include: (a) a brief explanation of the facts, the law and the proceedings; (b) key exhibits; and (c) a list of the relief requested (including the form of judgment and related orders/documents if possible).
The brief should persuade. A good basic outline [from M. Dombroff’s Dynamic Closing Arguments] includes: a dramatic opening remark; the facts; your adversary’s theory; why that theory doesn’t work; your theory; why your theory works; the law; the relief requested; a persuasive closing remark. Try to limit yourself to 10 pages or less. Force yourself to be clearer, and you will become more persuasive.
While you may or may not need to include all your exhibits, you should consider including, when applicable, summary exhibits on: background information; earning histories; custody factors and facts; parenting time factors and facts; child support calculations; property division factors and facts; property division worksheet/spreadsheet; spousal support factors and facts; and alimony calculations.