mediation-summary

# Mediation Summary Statement

Produces a privilege-safe record of a mediation session — process, outcomes, and obligations — for distribution to parties, counsel, and court.

## Prerequisites

1. Pre-mediation statements from each party
2. Session notes — joint session and caucus procedural notes (not privileged content)
3. Settlement terms — draft or executed (if agreement reached)
4. Case caption and docket number (if court-connected)
5. Participant list — parties, counsel, mediator credentials, observers

## Quick Start

Gather prerequisites, then draft sections in order: Caption → Background → Process → Outcome → Next Steps → Closing. Apply confidentiality guardrails before finalizing.

## Output Sections

### 1. Caption Block

| Field | Content |
|---|---|
| Matter | Full caption |
| Case No. | Docket number (if applicable) |
| Mediator | Name, credentials, appointing authority |
| Date / Duration | Session date(s), total hours |
| Location | Venue or virtual platform |
| Participants | Parties, counsel, representatives with roles |
| Referral Type | Voluntary / Court-ordered (cite order) |
| Governing Statute | Applicable mediation confidentiality statute |

### 2. Background (3–5 sentences)

- Nature of dispute and claims/defenses
- Procedural posture (pre-suit, pending, post-discovery)
- Mediation trigger (stipulation, court order, contract clause)

### 3. Process Summary

Document **procedural framework only** — never disclose privileged content:

- Session format (opening statements, joint sessions, caucuses)
- Discrete issues addressed
- General negotiation trajectory (e.g., "parties exchanged proposals over six rounds")
- Mediator techniques (facilitative, evaluative, hybrid)
- Duration breakdown if multi-session

### 4. Outcome

**If settled** — document material terms:

| Element | Detail |
|---|---|
| Monetary terms | Amount, schedule, method |
| Non-monetary relief | Specific performance, injunctive terms |
| Mutual releases | Scope and carve-outs |
| Confidentiality | Settlement confidentiality clause |
| Conditions precedent | Board approval, regulatory clearance |
| Implementation timeline | Key deadlines |
| Enforcement | Consent decree, stipulated judgment, contractual |
| Dismissal | With/without prejudice, filing timeline |

**If not settled:**

- Partial agreements reached
- Issues remaining in dispute
- Agreed next path (resume mediation / litigation / arbitration)
- Follow-up session scheduling

### 5. Next Steps

```
- [ ] [Party] to draft formal settlement agreement by [date]
- [ ] [Counsel] to circulate for execution by [date]
- [ ] [Party] to satisfy conditions precedent by [date]
- [ ] [Counsel] to file stipulation of dismissal by [date]
- [ ] [Mediator] to hold executed copies in escrow until [trigger]
```

### 6. Closing

- Mediator procedural observations (only with party consent)
- Good-faith participation acknowledgment
- Signature/attestation blocks for mediator and all parties

## Confidentiality Guardrails

**NEVER include:**

- Specific offers or counteroffers made during negotiation
- Statements from caucus or private sessions
- Mediator evaluations, opinions, or case assessments
- Attorney-client privileged communications
- Party admissions not part of final terms

**When in doubt, omit and note "[Omitted — mediation privilege]".**

Legal basis: UMA §§ 4–6 (mediation communications privilege) [VERIFY current version]; FRE 408 (compromise offers); applicable state mediation confidentiality statutes (vary by jurisdiction — always flag governing state law); contractual confidentiality provisions from mediation agreement.

## Pitfalls

- **Privilege leaks**: Process summary must describe procedure, not substance — no caucus content, no specific proposals
- **Jurisdiction variance**: Mediation confidentiality rules differ significantly by state; always identify the governing statute in the caption
- **Approximation**: Use exact dollar figures, dates, and party names from source documents; never approximate
- **Court-filing format**: If filing with court, conform to local formatting rules; include proposed order if required
- **Multi-session**: Consolidate into one summary with session-by-session chronology
- **Tone**: Neutral and objective — never characterize party behavior or credibility