https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3056057

This article focuses on pre-mediation statements and provides instruction to lawyers on how to draft effective mediation statements. To collect this information, the authors surveyed 180 mediation practitioners and scholars to gather empirical data to provide guidance on formatting, content to include, and best practices recommendations for pre-mediation statements. The article covers both confidential mediation statements as well as shared mediation statemetns and discusses the possibility of mediation statements being disclosed during discovery.