| name | mediation-statement |
| description | Drafts persuasive mediation statements for litigation, structuring narrative across liability, damages, medical evidence, experts, and settlement positioning for plaintiff or defense. Use when preparing mediation briefs, settlement statements, ADR submissions, or pre-mediation filings. |
Mediation Statement
Drafts a mediation statement that educates the mediator on case strengths and positions the client for favorable settlement. Works for both plaintiff and defense — adjust framing accordingly.
Prerequisites
Gather before drafting:
- Case file — complaint, answer, case number, mediation date, mediator name
- Confidentiality designation — mediator-only or shared with opposing counsel
- Discovery materials — deposition transcripts, interrogatory responses, document production
- Medical records — treatment history, bills, expert reports (PI cases)
- Settlement history — all demands and offers with dates
- Key exhibits — photos, contracts, communications, expert reports
Quick Start
Target 5–15 pages, single-spaced, numbered exhibits. Submit 7–10 days before mediation unless mediator specifies otherwise.
Sections
1. Header & Introduction
Caption (Party v. Party, Case No.), mediation date, mediator name, brief cooperative opening.
2. Executive Summary
2–3 sentences: case type, central disputed issue, client's position.
3. Factual Background
Present chronologically with strategic framing:
- Lead with context favorable to client
- Key dates, times, locations, witnesses
- Reference exhibits by number
- Active voice for opponent's bad acts; passive for client's unfavorable facts
- Plaintiff: dangerous conditions, lack of warnings, defendant knowledge
- Defense: plaintiff's conduct, obvious hazards, proper maintenance
4. Liability Analysis
Structure element-by-element (duty → breach → causation → comparative fault):
- Cite applicable statutes and case law
- Show why each element favors client
- Distinguish adverse authority
- Preemptively rebut opponent's strongest arguments
5. Testimony & Discovery
- Highlight favorable admissions from opposing party
- Identify contradictions, credibility problems, discovery gaps
- Cite specific deposition pages; attach key excerpts as exhibits selectively
6. Medical/Injury Analysis
PI cases — analyze each category with client-favorable framing:
| Category | Focus |
|---|
| Pre-incident history | Frame favorably for client |
| Post-incident treatment | Records vs. claims |
| Causation | Medical evidence linking injuries to incident |
| Objective vs. subjective | Emphasize objective findings |
| Treatment gaps | Inconsistencies, delayed treatment |
| Activity level | Exaggeration or genuine limitation |
Non-PI cases — analyze business records, contracts, communications; assess damage documentation.
7. Damages Analysis
Break down each category and assess credibility:
- Medical bills — reasonable/necessary vs. excessive/unrelated
- Lost wages — documented vs. speculative
- Pain and suffering — objective support vs. subjective claims
- Property/economic losses — properly calculated vs. speculative
- Expert opinions — reliability, basis, methodology
Frame in light most favorable to client.
8. Expert Witness Analysis
- Client's expert: qualifications, methodology, key opinions
- Opponent's expert: weaknesses, potential bias
- Anticipated trial impact
9. Trial Outlook
- Jury appeal — which party benefits and why
- Pending motions (MSJ, motions in limine)
- Evidentiary and credibility problems opponent faces
- Costs/fees exposure; appeal risks
10. Settlement History
Chronological table of all demands and offers (date, party, amount, notes). Analyze movement and why opponent's current position is unrealistic.
11. Settlement Path
Do not propose a specific number. Instead:
- Identify what opponent must concede
- Describe non-settlement consequences (cost, time, risk)
- Address impediments to resolution
- Frame which side has further to move and why
12. Exhibits
Attach only high-impact documents: key deposition excerpts, medical chronologies, expert reports, critical communications. Limit volume — excess dilutes impact.
Guidelines
- Tone: Persuasive and professional — advocate hard but do not overstate disprovable facts
- Confidentiality: Mediator-only statements can be more candid about weaknesses and realistic ranges
- Jurisdiction: U.S. practice; adjust for state-specific mediation confidentiality rules
- Ethics: Strategic framing is appropriate; misrepresentation of facts or law is not
Checklist
