Just The Facts: Presenting Evidence

• The mediation memo should be concise enough to be easily understood, but comprehensive enough to cover crucial points and supporting evidence.

• For complicated medical evidence, key points can be highlighted in the memo with a cross-reference to more detailed evidence, or a summary of the medical briefs can be prepared.

• If the insurer intends to use surveillance, it should be disclosed in the mediation summary and sent to counsel ahead of time for viewing and comment -particularly if defence counsel have asked expert medical witnesses to comment on it.

• The opinions of experts carry more weight if the opposing side is permitted to question the experts directly. In complex cases, experts from both sides may be asked to meet in order to narrow or eliminate differences between their positions.