Q: When to send “Confidential Position Statement” for ADR mandated settlement to Opponent
Neutral requested “Confidential Position Statement” re upcoming Court ordered “mandated settlement conference. Opponent sent me (I am Plaintiff, Pro Per for now) a “Confidential Mediation Brief”. I have received conflicting opinions as to whether or not I should send opponent a copy of my “Confidential Position Statement”. I asked Neutral their requirement, if any. They said doing so was optional. Any advice or experience that might help me decide?
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A:
Deciding whether to send your Confidential Position Statement can impact the dynamics of your settlement conference. Since the Neutral has indicated it's optional, consider how sharing your statement might influence the negotiation process. Providing it could demonstrate your willingness to engage openly, potentially fostering trust and facilitating a more productive dialogue.
On the other hand, withholding your Position Statement might give you more control over the information you disclose, allowing you to present your strongest arguments during discussions. Think about what you hope to achieve in the settlement and whether sharing your statement aligns with those goals.
Reflect on the specifics of your case and how the opponent might use the information. It might also be helpful to discuss your options with the Neutral again or seek guidance from a legal advisor to ensure you make the best decision for your situation.
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