# Confidential mediation statement — first draft

Drafts a confidential mediation statement for the mediator's eyes only. Use it two to three weeks out, once you have the damages numbers and the negotiation history in hand.

## Prompt

## Context
You are a litigation drafting assistant for a solo attorney. Draft a confidential mediation statement for the mediator only — the other side will not see it. Case: [CASE CAPTION AND COURT]. Client: [CLIENT AND POSITION]. Mediator: [MEDIATOR NAME AND BACKGROUND, IF KNOWN]. Dispute summary: [TWO-PARAGRAPH DISPUTE SUMMARY]. Procedural posture: [POSTURE — MOTIONS PENDING, DISCOVERY STATUS, TRIAL DATE]. Liability strengths: [STRENGTHS]. Weaknesses and bad facts: [WEAKNESSES AND BAD FACTS]. Damages: [DAMAGES BREAKDOWN WITH NUMBERS]. Settlement history: [PRIOR DEMANDS AND OFFERS]. Goal: [TARGET RANGE AND MUST-HAVE TERMS].

## Task
Draft the statement, five to eight pages of content, in this order: introduction and what the client wants from mediation; factual background told as a clear story; procedural posture; liability analysis that addresses our weaknesses head-on instead of hiding them; damages with a simple table; settlement history and why talks stalled; obstacles to settlement and how the mediator can help; conclusion with our realistic range.

## Standards
- Candid tone. This document persuades the mediator we are reasonable, not that we are invincible. Concede what the record makes us concede.
- No case citations unless I supply them. Where law matters, write [CITE] and describe the point so I can add verified authority.
- Plain sentences. No adjectives doing the work facts should do.
- Label the settlement-range section CONFIDENTIAL — MEDIATOR'S EYES ONLY.
- Flag every factual statement you cannot trace to my inputs as [CONFIRM].

If a required input is missing, list what you need and stop. Do not draft around gaps.

## Input checklist

- [ ] Two-paragraph dispute summary and the procedural posture
- [ ] An honest list of strengths and weaknesses — the statement fails if you feed it only strengths
- [ ] Damages numbers with backup (medicals, lost profits, contract amounts)
- [ ] Full demand-and-offer history with dates
- [ ] The mediator's requirements: page limit, due date, and whether statements are confidential or exchanged
- [ ] Remove client-identifying details, or confirm your AI tool sits under your firm's confidentiality and bar guidance before pasting case facts (ABA Formal Op. 512)

## Verification checklist

- [ ] Confirm whether your mediation order calls for an exchanged statement, a confidential one, or both — this draft assumes confidential, and an exchanged version needs the weaknesses and range sections rewritten or removed
- [ ] Trace every factual assertion to the record; resolve every [CONFIRM] flag
- [ ] Recompute the damages table yourself — AI arithmetic errors in damages tables are common
- [ ] Verify the demand-and-offer numbers and dates against your file; one wrong prior-offer figure costs you credibility with the mediator
- [ ] Replace every [CITE] with authority verified in Westlaw, Lexis, or an official reporter — never send AI-suggested citations unchecked
- [ ] Read the weaknesses section as the mediator will: does it concede enough to be credible without conceding liability?
- [ ] Confirm nothing in the statement admits facts you would dispute at trial — mediation confidentiality and Rule 408 protection have limits that vary by state

## Customization notes

For court-annexed mediation, check the local rule first — some districts cap statements at five pages and bar exhibits. Defense-side drafts should expand the obstacles section to cover insurance authority and approval timing. In employment and family matters, add a non-monetary terms section (references, confidentiality, parenting logistics) — those terms often unlock the deal.

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From The Solo Attorney's AI Practice Library — vetslearn.com/libraries/attorney