Mediation Brief Template

Confidential Mediation Brief
[Case Caption]
Case No.: [Number]

Mediation Date: [Date]
Mediator: [Mediator Name]

1. Introduction

• Parties and counsel.
• Purpose of mediation and objectives for settlement.

2. Summary of Facts

• Concise narrative of events leading to dispute.
• Key documents and testimony supporting each party’s position.

3. Liability Analysis

• Legal theories asserted (claims and defenses).
• Applicable statutes and case law.
• Strengths and weaknesses of case; anticipated jury instructions.

4. Damages Evaluation

• Itemized economic damages (medical expenses, lost earnings, property damage).
• Non-economic damages (pain and suffering, reputational harm).
• Punitive damages or statutory penalties (if applicable).
• Counter-damages or offsets.

5. Prior Settlement Negotiations

• History of offers/demands and reasons negotiations stalled.

6. Key Issues for Mediation

• Areas of agreement and dispute.
• Obstacles to settlement (liens, coverage, emotional considerations).
• Non-monetary terms important to parties (apologies, confidentiality, future business terms).

7. Settlement Proposal

• Current settlement demand/offer with rationale.
• Payment structure (lump sum, installments, structured settlement).
• Conditions precedent (dismissal terms, releases, confidentiality agreements).

8. Requested Mediator Assistance

• Specific topics for mediator to explore.
• Information desired from opposing party.

9. Exhibits (attach as needed)

• Chronology or timeline.
• Damages spreadsheet.
• Key documents (contracts, photos, expert summaries).

10. Confidential Information for Mediator (optional)

• Settlement authority limits.
• Sensitive facts to be shared only with mediator.

Submitted by:

[Attorney Name]
[Law Firm]
[Address]
[Phone]
[Email]
Date: ____