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