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Elements of a Mandatory Settlement Conference (MSC) Brief
1. PARTIES List the names of parties and their counsel of record. This is to indentify to the court the various parties and interests involved.
2. STATUS OF LITIGATION - Tell the court what has happened, the filing of complaint, discovery which has occurred, arbitrations, mediations, settlement conferences, attempts to settle case, offers or demands made.
3. FACTS - Review the FACTS of
the case, and discuss the agreed upon set of facts, and the disputed
facts, and nature of the disputed facts, and what has been done
to resolve the factual differences.
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4. DAMAGES - Review the damages
for each party, general and special damages requested in the complaint.
Evaluate the medicals, discuss the pain and suffering, evaluation
of the monetary damages, the medcal reports, doctors' findings,
diagnosis, and prognosis for complete recovery, and residual injuries,
pain and suffering (or permanent damages and injuries - nature
and extent)
5. SUMMARY OF DAMAGES - Do a
breakdown or summarize the damages, including medical bills, loss
of earnings, and other general and special damages so the court
can see at a glance the total damages of the case.
6. DISCUSS VALUATION OF THE CASE
- Discuss the liability problems and the damage problems, and
how plaintiff plans on overcoming these problems or deficiencies
at the time of trial.
7. LIST OF EXHIBITS - Make a Summary
of the List of Exhibits, and attach the documentation which supports
#1 through 6 above.
8. CONCLUSION - Make a conclusion,
and discuss the reasons/rationale for your conclusions.
9. PROOF OF SERVICE - Provide a
Proof of Service on the other side.
*note this MSC is done from the plaintiff's perspective, and
on behalf of the plaintiff, and NOT the defendant.
MAPES VS. HENTZEN
| Medical Bills | PI Suit allegations | Arbitration Brief |
| Insurance Coverage Dispute | Bad Faith Insurance Claim |