Mediation Statement Drafter
In the weeks before a mediation, when you need a persuasive but candid statement for the mediator that separates what the other side may see from what only the mediator should read.
A mediation statement is a different document from a brief. Its audience is a neutral who wants to settle the case, and the best statements give the mediator what they need to do that: a clear account of the facts, a realistic view of liability and damages, honest acknowledgment of weaknesses, and a sense of where the deal might be. Overstatement costs credibility, and the line between what goes to the mediator alone and what may be exchanged matters.
This prompt gives Claude the case materials, damages calculations and settlement history in separate tagged blocks, then asks for a seven-part statement. Each key fact is tied to a quoted source, damages are shown with the math, and a candid section covers both sides' risks. Every section is labeled shareable or mediator-only, with risk and range defaulting to mediator-only, and the client's bottom line stays out unless you add it. Claude closes with unsupported facts, likely opposing arguments and confidentiality points to confirm.
Settlement strategy and authority are decisions for you and the client. Mediation confidentiality protections vary by jurisdiction and by the mediation agreement, so confirm them before deciding what to put in writing. Review the draft against the record and your client's instructions, and verify any authority you add before submitting it.
The Prompt
I represent [PARTY ROLE], [CLIENT NAME], in [CASE NAME], set for mediation with [MEDIATOR NAME] on [DATE]. I need a draft confidential mediation statement. The mediator's requirements: [PAGE LIMIT, FORMAT, DEADLINE, WHETHER STATEMENTS ARE EXCHANGED]. <case_materials> [KEY PLEADINGS, A CASE SUMMARY, AND RELEVANT EXCERPTS OF EVIDENCE] </case_materials> <damages> [DAMAGES OR EXPOSURE CALCULATIONS, WITH SUPPORT] </damages> <settlement_history> [PRIOR DEMANDS AND OFFERS WITH DATES] </settlement_history> Draft the statement with these sections: 1. Parties and procedural posture. 2. Case summary, with each key fact tied to a quoted source. 3. Liability position. 4. Damages position, showing the math. 5. Candid assessment of weaknesses and litigation risk, ours and theirs. 6. Settlement history. 7. Proposed path to resolution and a negotiation range of [OPENING] to [TARGET], with what would move us. Label each section or paragraph [SHAREABLE] (could go to the other side if I choose to exchange a version) or [MEDIATOR ONLY]. Sections 5 and 7 default to [MEDIATOR ONLY]. Do not state the client's settlement authority or bottom line unless I enter it here: [BOTTOM LINE OR "DO NOT INCLUDE"]. Use a measured, credible tone; mediators discount overstatement. Refer to legal standards as [APPLICABLE LAW] and do not cite cases. After the draft, list: facts or numbers you could not support from the materials, the arguments the other side is likely to make, and any confidentiality point I should confirm under [APPLICABLE MEDIATION RULE OR AGREEMENT]. This is a draft for attorney review.
Example Output
A sectioned mediation statement with sourced facts, liability and damages positions, a candid risk assessment and a proposed range, each part labeled shareable or mediator-only, followed by gaps and anticipated arguments.
Illustrative example — names, figures, and facts are fictional.
CONFIDENTIAL MEDIATION STATEMENT (DRAFT): Alvarez v. Fairbrook Grocers, Inc. (fictional) Submitted to: [MEDIATOR NAME] | Mediation date: [DATE] 1. PARTIES AND POSTURE [SHAREABLE] Plaintiff Rosa Alvarez sued Fairbrook for injuries from a fall in its Elm Street store. Fact discovery has closed; expert discovery closes [DATE]. 2. CASE SUMMARY [SHAREABLE] Ms. Alvarez slipped on liquid in Aisle 9 at about 4:10 p.m. on February 6, 2025. The store's sweep log shows no entry for Aisle 9 between 1:30 p.m. and 4:30 p.m. (FB000088: "Aisle 9: 1:30 PM, JR"; next entry "4:30 PM, JR"). 4. DAMAGES [SHAREABLE] Medical specials: $48,200 (billing summary, Ex. 4). Lost wages: 11 weeks x $1,150 = $12,650. Economic total: $60,850. Non-economic damages: [ATTORNEY TO STATE POSITION]. 5. CANDID ASSESSMENT [MEDIATOR ONLY] Our risk: no witness saw how long the liquid was on the floor, and Fairbrook will argue lack of notice. The defense IME attributes part of the knee condition to a 2019 injury. Their risk: the three-hour gap in the sweep log is hard to explain, and the store manager testified that Aisle 9 is swept "every hour" (Tr. 42:7). 6. SETTLEMENT HISTORY [SHAREABLE] Demand of $275,000 (June 2, 2025). Offer of $40,000 (August 19, 2025). 7. PATH TO RESOLUTION [MEDIATOR ONLY] Proposed range: [OPENING] to [TARGET]. Movement depends on Fairbrook's response to the sweep-log gap and any lien reduction. GAPS - Lost-wage figure relies on the client's estimate; no employer letter in the file. LIKELY DEFENSE ARGUMENTS - Lack of notice; comparative fault (Ms. Alvarez was using her phone, per store video description). CONFIRM - Whether the mediation agreement covers written statements under [APPLICABLE MEDIATION RULE OR AGREEMENT]. All names and facts are fictional and illustrative.
Tips
- •Check the mediator's instructions first; many have page limits and specific rules on whether statements are exchanged.
- •Write the candid weaknesses section honestly. Mediators use it to move both sides, and a statement with no weaknesses tends to lose credibility.
- •Never let the client's real authority into a draft that might be exchanged; keep the bottom line placeholder set to 'DO NOT INCLUDE' unless you are certain of the audience.
- •After mediation, use settlement-breakdown-drafter to walk the client through any offer.
- •The statement is a draft for attorney review; confirm confidentiality protections under your jurisdiction and the mediation agreement.
Frequently Asked Questions
Should my mediation statement be shared with the other side?
It depends on the mediator's instructions and your strategy. Some mediators ask for exchanged statements plus a confidential supplement; others want a single confidential submission. The [SHAREABLE] and [MEDIATOR ONLY] labels let you produce either version from one draft. Confirm the mediator's practice and your confidentiality protections before deciding what to send.
Why include weaknesses in a mediation statement?
Mediators will find them anyway, and a statement that acknowledges risk is more credible than one that does not. A candid assessment, kept mediator-only, helps the neutral understand where you might move and gives them tools to test the other side's weaknesses too. It does not commit you to any number.
Will Claude suggest a settlement number?
No, not on its own. The prompt uses [OPENING] and [TARGET] placeholders and keeps the client's bottom line out unless you enter it. Settlement value depends on the client's goals, verdict risk in your venue, liens and costs, which are judgments for you and the client. Claude organizes the support for whatever range you choose.
Is a mediation statement confidential?
Often, but the scope of protection depends on your jurisdiction's mediation rules or statutes, the court's ADR rules and the mediation agreement. That is why the prompt asks Claude to list confidentiality points to confirm. Do not assume a document is protected for all purposes; check the governing rule before including sensitive admissions.
Related Prompts
Get New Prompts Like This Every Week
Join the free Claude for Lawyers newsletter — weekly prompts, tutorials, and practice-specific guides.