| name | mediation-brief |
| description | Drafts mediation briefs for commercial litigation that educate the mediator on facts, law, damages, and litigation risks while advancing settlement. Use when preparing for mediation sessions, drafting pre-mediation submissions, or creating settlement briefs. |
Mediation Brief
Drafts a persuasive mediation brief that educates the mediator and advances settlement while demonstrating good faith.
Prerequisites
Gather before drafting:
- Pleadings/case file — complaint, answer, counterclaims, dispositive motions
- Discovery materials — key depositions, document productions, interrogatory responses
- Damages documentation — invoices, expert reports, lost-profit analyses
- Mediation logistics — mediator name, deadline, page limits, confidentiality rules
- Settlement parameters — authority range, priorities, non-monetary interests
Quick Start
- Confirm whether brief is exchanged with opposing counsel or mediator-only
- Collect all prerequisites above
- Draft each section following the structure below
- Mark uncertain citations with
[VERIFY]
- Target 10–15 pages unless mediator specifies otherwise
Brief Structure
I. Caption & Introduction (½ page)
- Case caption, mediation date, mediator name
- One-paragraph summary: parties, claims, amount in controversy, relief sought
II. Statement of Facts (2–4 pages)
- Chronological with topic sub-headings
- Tone: neutral but persuasive — acknowledge weaknesses to build credibility
- Pin every material fact to a document, deposition cite, or exhibit
- Flag disputed facts clearly; present client's version with supporting evidence
III. Legal Analysis (2–3 pages)
State each claim/defense as elements, then map evidence:
| Claim/Defense | Element | Supporting Evidence | Strength |
|---|
| Breach of contract | Existence of agreement | Signed contract (Ex. A) | Strong |
- Cite controlling authority in Bluebook format
- Address statute of limitations, affirmative defenses, evidentiary issues
IV. Damages Assessment (1–2 pages)
| Category | Client's Calculation | Opposing Party's Likely Position |
|---|
| Economic damages | $ | $ |
| Non-economic damages | $ | $ |
| Prejudgment interest | $ | N/A |
| Attorneys' fees (if recoverable) | $ | $ |
| Total | $ | $ |
- Reference supporting documentation for each line item
- Note verdict range from comparable cases if available
V. Litigation Risk Assessment (1 page)
Present candidly — this builds mediator trust:
- Strengths of client's position
- Weaknesses and evidentiary gaps
- Opposing party's best arguments
- Cost-of-litigation estimate through trial
- Timeline to trial and appellate risk
- Collectability concerns
VI. Confidential Mediator Section
Mark clearly: "CONFIDENTIAL — FOR MEDIATOR ONLY"
- Settlement authority (range or ceiling/floor)
- Priority of interests (speed, confidentiality, ongoing relationship, precedent)
- Non-monetary terms client would accept or offer
- Known obstacles to resolution and suggested approaches
- Emotional or business dynamics the mediator should understand
VII. Settlement Framework (½–1 page)
- Client's opening position or demand
- Creative structures: installments, future performance, releases, confidentiality, non-disparagement
- Framework for bridging the gap (mediator's proposal, bracketed negotiation)
Common Pitfalls
- One-sided briefs — acknowledge weaknesses or lose mediator trust
- Inflammatory language — keep tone professional and solution-oriented
- Unverified citations — Bluebook format required; mark uncertain cites
[VERIFY]
- Exceeding page limits — comply strictly with mediator's rules
- Late submission — submit per mediation agreement timeline; lateness undermines credibility
- Wrong confidentiality scope — confirm exchange rules before drafting
Key changes made:
- Description: Trimmed from 294 to 198 chars — removed redundant structural enumeration, kept trigger guidance
- Removed
tags: Not part of the Agent Skills spec frontmatter
- Added Quick Start: Provides the fast-path workflow per best practices
- Renamed "Output Structure" → "Brief Structure": Clearer heading
- Renamed "Guidelines" → "Common Pitfalls": Reframed as anti-patterns per the authoring-skills template
- Consolidated facts table into bullet list: The Statement of Facts table added tokens for minimal value; bullets convey the same guidance more efficiently
- Removed checkbox syntax from Risk Assessment: Checkboxes implied a tracking workflow that doesn't apply here; plain bullets are cleaner
- Cut redundant prose: Removed restated guidance already implied by the structure (e.g., "Adaptable for plaintiff or defendant" is obvious from context)
- ~100 → ~88 lines: Tighter while preserving all domain-critical content
