How To Draft A Dispute Resolution Statement On The MPT

In this post, we continue our “wildcard” MPT series by discussing how to draft a dispute resolution statement on the MPT. Examinees were asked to draft a dispute resolution statement on the MPT in February 2010 (Logan v. Rios).

How To Draft A Dispute Resolution Statement On The MPT

This Logan v Rios MPT told examinees that the Early Dispute Resolution (EDR) statement was confidential and could not be used at trial or shared with the other parties. The format for the dispute resolution statement on the MPT was given to examinees as follows.

Note: Examinees were only asked to draft #6 below! (So you could skip #1-#5 and #7. This was giving examinees an overview of what the entire dispute resolution statement looked like!)

1. Name of party and trial counsel.
2. Short description of the case.
3. Legal theories presented by the case.
4. Evidentiary issues likely to be raised at trial.
5. Damages sought.
6. A candid discussion of the strengths and weaknesses of the party’s claims, counterclaims, and/or defenses and affirmative defenses. Parties are advised to use the jury instructions to identify each element of the claims, counterclaims, and/or defenses and affirmative defenses stated. For each element that must be proven, parties should discuss the specific strengths and weaknesses of the evidence gathered to date relating to that element in light of the jury instructions and any commentary thereto.
7. The approximate number of witnesses to be called and the length of time that the party estimates will be needed for trial.

Like all MPTs—and especially “wildcard” MPTs—following instructions is critical.

Examinees were specifically told to address strengths and weaknesses. Those that did not candidly discuss weaknesses were penalized.
Examinees were told to not discuss damages (#5 above). Those that did were penalized.
Examinees were told to organize the facts as they relate to each element set forth in a jury instruction No specific format was given, but those that did not follow this instruction were penalized.

A general format for the MPT was as follows:

Element #1 (discuss strengths and weaknesses)
Element #2 (discuss strengths and weaknesses)
Element #3 (discuss strengths and weaknesses)
Affirmative Defense #1 (discuss strengths and weaknesses)
Affirmative Defense #2 (discuss strengths and weaknesses)

[Continue as necessary]

If you want to try writing a dispute resolution statement, check out the Logan v. Rios MPT here. You can see a model answer and a sample student answer in our MPT books.

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