mediation-statement

# 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:

1. **Case file** — complaint, answer, case number, mediation date, mediator name
2. **Confidentiality designation** — mediator-only or shared with opposing counsel
3. **Discovery materials** — deposition transcripts, interrogatory responses, document production
4. **Medical records** — treatment history, bills, expert reports (PI cases)
5. **Settlement history** — all demands and offers with dates
6. **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

- [ ] Persuasive tone throughout
- [ ] Client's position clearly articulated
- [ ] Opponent's weaknesses supported with specific evidence
- [ ] Settlement path provided without proposing a number
- [ ] Mediator name and date correct
- [ ] Exhibits numbered and referenced in text
- [ ] Proofread for grammar, spelling, formatting