Litigators over and under-thtnk the humble mediation brief. They provide their diligent mediator with a lengthy summary judgment motion, exhibits included, slapping on a new caption page titled "Confidential Mediation Brief," or they submit a three-page recitation of the most elemental facts. In either case, the attorneys end with a promise that they will negotiate in good faith despite how worthless and frivolous the opponent's case happens to be. They vow either (a) to magnanimously waive costs in exchange for a dismissal, or (b) to accept full damages-but discount punitives-as the case may be.
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