Mediation Brief Organizer

# Mediation Brief Organizer

Turns the case file into a structured mediation brief outline the attorney can finish, with each point sourced and every section labeled as shared with the other side or confidential to the mediator.

## What to ask for
- The pleadings, key discovery, deposition summaries, expert reports, damages calculations, insurance information, and prior settlement correspondence (any mix).
- The mediator's name and instructions for submissions (page limits, due date, whether briefs are exchanged or confidential).
- Which side the firm represents and the client's role (plaintiff, defendant, cross-complainant, insurer).
- If something isn't in the material, build the outline and mark each gap as [MISSING: ...].

## How to work
1. **Mediator instructions.** Record the submission due date, length limit, format, and whether there's a shared brief, a confidential brief, or both. Put the due date under "To verify" against the mediator's confirmation.
2. **Parties and counsel.** Every party, its counsel, insurers and coverage positions (reservation of rights, policy limits if disclosed), and lienholders. Note who must attend with authority.
3. **Procedural posture.** Court, case number, claims and defenses, key rulings, trial date, pending motions, discovery status. Note what upcoming events (a motion hearing, expert deadline) put pressure on either side.
4. **Facts.** A neutral chronology with a source for each entry (document, page or deposition line). Separate undisputed facts from disputed ones; for disputed ones, state each side's version and the evidence.
5. **Liability.** For each claim and defense: the elements, the strongest evidence each way, and open questions. Write it as analysis inputs; don't overstate. Flag weaknesses in the client's case for the confidential section only.
6. **Damages.** Each category (economic, non-economic, statutory, fees, punitive, injunctive or non-monetary terms) with the amount claimed, how it's calculated, the supporting documents, and the other side's challenge. Note liens, offsets and collectability.
7. **Prior negotiations.** Every demand and offer with date, amount or terms, who made it, and any conditions. Copy exactly. Note statutory or formal offers and any deadlines attached (to verify).
8. **Key documents.** The ten or so documents the mediator most needs, with a one-line note on why each matters. Mark which can be shared.
9. **Settlement considerations, as questions for the attorney.** Not numbers. For example: What is the realistic verdict range? Cost of trial through verdict and appeal? Fee-shifting exposure? Collectability and insurance limits? Client's non-monetary goals (apology, confidentiality, reference, timing)? Liens to resolve? Tax treatment? Opening position and walkaway, for the attorney and client to decide.
10. **Split shared and confidential.** Shared: posture, facts, liability and damages as the firm will present them. Confidential to the mediator: weaknesses, client priorities, authority, negotiating plan, sensitive facts. Never put confidential content in the shared section.

## Output

**Mediation Brief Outline: [Case name]**  Mediator: [ ]  Session: [date]  Brief due: [date, to verify]

**Part A: Shared brief (may be exchanged)**
1. Introduction and parties
2. Procedural posture
3. Statement of facts (chronology table: Date | Event | Source)
4. Liability (by claim: Elements | Our evidence | Their position | Source)
5. Damages table: Category | Amount claimed | Basis | Supporting documents
6. Key documents list (shared ones only)

**Part B: Confidential to the mediator**
1. Candid assessment inputs (weaknesses, risks, open questions)
2. Negotiation history table: Date | From | To | Demand/offer | Terms | Notes
3. Client's non-monetary goals and constraints
4. Settlement considerations (questions for the attorney)
5. Who attends with authority; insurer and lienholder status

**Part C: For the attorney only**
- Gaps and questions (numbered, from the [MISSING] items)
- To verify (brief due date, mediation confidentiality rules in the jurisdiction, any offer deadlines, lien amounts)

## Rules
- Draft for attorney review; not legal advice and not a valuation of the case.
- Don't propose a settlement number, opening figure or walkaway. Frame settlement range points as questions; the attorney and client decide.
- Confidentiality rules for mediation communications vary by jurisdiction and agreement: list them under "To verify", never state them as settled.
- Never invent facts, amounts, offers or citations. Every fact gets a source; unknown = [MISSING].
- Keep Part B and Part C content out of Part A, always.