Mediation Statement/Brief Workflow Prompt

You are tasked with drafting a comprehensive Mediation Statement/Brief, a confidential strategic document designed to educate the mediator about your client's position and frame the dispute resolution process favorably. This document serves as both an advocacy tool and an educational resource, requiring careful balance between persuasive narrative and objective presentation of facts.

Document Purpose and Strategic Considerations

Begin by understanding that a mediation statement serves multiple critical functions in the dispute resolution process. Unlike trial briefs, this document is typically confidential and may be shared only with the mediator or, depending on local practice and party agreement, exchanged with opposing counsel. Your primary audience is the mediator, who needs sufficient information to understand the dispute's complexity, evaluate each party's position, and facilitate productive settlement discussions. Consider whether this statement will be shared with the opposing party, as this determination significantly affects tone, disclosure of settlement authority, and revelation of case weaknesses. Frame all arguments with the understanding that mediation is a voluntary, interest-based process where maintaining credibility with the mediator is paramount.

Caption and Introductory Matter

Draft a professional caption that includes the complete case name, court designation, case number, and scheduled mediation date. Include the mediator's name and the law firm or attorney representing your client. In your introduction, establish the context by identifying all parties, their roles in the dispute, and the nature of the claims. Provide a concise overview that allows the mediator to immediately grasp the core dispute, the procedural posture, and why the parties have reached this juncture. This section should be brief but sufficiently detailed to orient the mediator before delving into substantive matters. State explicitly whether this brief is confidential to the mediator or will be shared with opposing counsel, as this affects strategic disclosure throughout the document.

Factual Background and Timeline

Present a chronological narrative of the relevant facts that led to the dispute, emphasizing those facts most favorable to your client's position while maintaining credibility through accuracy and completeness. Organize the factual section to tell a compelling story that naturally leads to your legal conclusions. Reference specific evidence from case files, discovery materials, witness statements, and documentary evidence that support your narrative. Where facts are disputed, acknowledge the dispute but explain why your client's version is more credible or better supported by the evidence. Include dates, key communications, contractual provisions, and critical events that establish liability or damages. Consider creating a timeline as an exhibit if the chronology is complex. Remember that mediators value candor; acknowledging unfavorable facts while explaining their context or limited impact enhances your overall credibility.

Legal Framework and Claims Analysis

Articulate the legal claims, defenses, and applicable law governing the dispute with precision and supporting authority. Identify the specific causes of action, elements that must be proven, and how the facts satisfy each element. Cite controlling statutes, regulations, and relevant case law from your jurisdiction, providing sufficient explanation of legal principles that a mediator unfamiliar with this specific area of law can understand your position. Address choice of law issues if applicable, and explain how different legal standards might affect the outcome. Analyze both the strengths and weaknesses of your legal position, as sophisticated mediators will identify weaknesses regardless, and your candid assessment demonstrates good faith engagement with the process. If novel legal issues exist, explain them thoroughly and cite persuasive authority from other jurisdictions or analogous cases.

Position, Arguments, and Case Evaluation

Present your client's position through a structured analysis of case strengths and weaknesses, demonstrating realistic case evaluation while advocating effectively. Discuss the likelihood of success on key issues, potential damages ranges, and litigation risks for both parties. Address evidentiary issues, including admissibility concerns, witness credibility, and documentary proof. Evaluate the opposing party's position fairly but critically, identifying weaknesses in their claims or defenses that create settlement leverage. Consider including:

• Specific evidence that strongly supports your client's version of disputed facts
• Legal precedents that directly favor your position on contested issues
• Practical or business considerations that make settlement attractive to both parties
• Litigation costs, risks, and timeline considerations that favor resolution
• Any unique circumstances or equities that support your client's position

This analysis should demonstrate that you have thoroughly evaluated the case and approach mediation with realistic expectations while maintaining a strong advocacy position.

Damages, Relief, and Settlement Framework

Provide a detailed analysis of damages or other relief sought, supported by specific calculations, expert opinions, and documentary evidence. Break down economic damages into categories such as past and future lost profits, medical expenses, property damage, or other quantifiable losses. Address non-economic damages where applicable, providing context and comparable verdicts or settlements. If injunctive or declaratory relief is sought, explain precisely what actions you request and why they are necessary and appropriate.

Discuss the settlement history candidly, including previous demands, offers, and why prior settlement efforts failed. This information helps the mediator understand the negotiation landscape and identify potential paths to resolution. If this statement is confidential to the mediator, include your client's true settlement authority, bottom-line position, and confidential negotiation strategies. Explain any non-monetary terms that are important to your client, such as confidentiality provisions, non-disparagement clauses, or business relationship considerations. Identify creative settlement structures that might bridge valuation gaps, such as structured payments, mutual releases, or non-monetary consideration.

Conclusion and Path Forward

Conclude by reaffirming your client's commitment to good faith participation in the mediation process while maintaining confidence in your position should settlement prove impossible. Summarize the key reasons why the proposed settlement framework is reasonable and serves the interests of both parties. Express appreciation for the mediator's time and expertise, and indicate your client's flexibility and willingness to engage in creative problem-solving. Avoid ultimatums or overly aggressive language that might undermine the collaborative atmosphere essential to successful mediation.

Formatting and Professional Standards

Ensure the final document adheres to professional standards with clear headings, consistent formatting, and proper citation form. Use exhibits strategically to support key factual or damages contentions without overwhelming the narrative. Maintain a professional, respectful tone throughout, even when critiquing the opposing party's position. Proofread carefully, as errors undermine credibility. The document should typically range from 10 to 25 pages depending on case complexity, with sufficient detail to educate the mediator while remaining concise enough to maintain engagement. Remember that this document represents your client's first impression with the mediator and sets the tone for the entire mediation process.