Confidential Mediation Memorandum
Review the facts and law from the Contracts Analysis Case Study.
What happened next:
Marshall Petersen filed a lawsuit against the grape producer, alleging various breaches of contract; however, the court in which he filed suit has a mandatory
mediation program that requires all litigants to attempt to settle their cases outside of court before trial will be scheduled. Marshall must now draft a confidential
mediation memo that states his legal and factual positions about the issues in dispute. This memo will be confidential (not shared with the grape producer), so
Marshall needs to provide the mediator with sufficient background to facilitate a settlement between the parties.
Draft Marshall’s confidential mediation memorandum, using the following outline:
2. Facts of the case
3. Contract(s) at issue – summarize material terms
4. Legal issues
5. Requested remedies
6. Conditions under which settlement may be achieved (where compromise is possible)
The memo must be styled as a business memo* addressed from Marshall to the mediator, Alexis Fairchild, and must be at least 1,300 words. The legal issues must be
supported by at least 6 legal or scholarly sources, cited in proper APA format. Use the Legal Envioronment of Business, A Critiacal Thinking Approah, 7th Edition by
Kunaseke, Brennan, and Browne as a reference where needed.
* For information on the proper format of a business memorandum, see the following websites:
• How to Format a Business Memorandum
• Sample Memo from OWL Purdue
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