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:

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