Mediation Summary Statement
Produces a privilege-safe record of a mediation session — process, outcomes, and obligations — for distribution to parties, counsel, and court.
Prerequisites
- Pre-mediation statements from each party
- Session notes — joint session and caucus procedural notes (not privileged content)
- Settlement terms — draft or executed (if agreement reached)
- Case caption and docket number (if court-connected)
- 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
1---2name: mediation-summary3description: Drafts confidentiality-compliant mediation summary statements documenting session process, outcomes, settlement terms, and next steps. Respects mediation privilege (UMA §§ 4–6) and FRE 408. Use when drafting post-mediation summaries, session reports, settlement memoranda, or mediation statements for parties, counsel, or court filing.4---5
6# Mediation Summary Statement
7
8Produces a privilege-safe record of a mediation session — process, outcomes, and obligations — for distribution to parties, counsel, and court.
9
10## Prerequisites
11
121. Pre-mediation statements from each party
132. Session notes — joint session and caucus procedural notes (not privileged content)
143. Settlement terms — draft or executed (if agreement reached)
154. Case caption and docket number (if court-connected)
165. Participant list — parties, counsel, mediator credentials, observers
17
18## Quick Start
19
20Gather prerequisites, then draft sections in order: Caption → Background → Process → Outcome → Next Steps → Closing. Apply confidentiality guardrails before finalizing.
21
22## Output Sections
23
24### 1. Caption Block
25
26| Field | Content |
27|---|---|
28| Matter | Full caption |
29| Case No. | Docket number (if applicable) |
30| Mediator | Name, credentials, appointing authority |
31| Date / Duration | Session date(s), total hours |
32| Location | Venue or virtual platform |
33| Participants | Parties, counsel, representatives with roles |
34| Referral Type | Voluntary / Court-ordered (cite order) |
35| Governing Statute | Applicable mediation confidentiality statute |
36
37### 2. Background (3–5 sentences)
38
39- Nature of dispute and claims/defenses
40- Procedural posture (pre-suit, pending, post-discovery)
41- Mediation trigger (stipulation, court order, contract clause)
42
43### 3. Process Summary
44
45Document **procedural framework only** — never disclose privileged content:
46
47- Session format (opening statements, joint sessions, caucuses)
48- Discrete issues addressed
49- General negotiation trajectory (e.g., "parties exchanged proposals over six rounds")
50- Mediator techniques (facilitative, evaluative, hybrid)
51- Duration breakdown if multi-session
52
53### 4. Outcome
54
55**If settled** — document material terms:
56
57| Element | Detail |
58|---|---|
59| Monetary terms | Amount, schedule, method |
60| Non-monetary relief | Specific performance, injunctive terms |
61| Mutual releases | Scope and carve-outs |
62| Confidentiality | Settlement confidentiality clause |
63| Conditions precedent | Board approval, regulatory clearance |
64| Implementation timeline | Key deadlines |
65| Enforcement | Consent decree, stipulated judgment, contractual |
66| Dismissal | With/without prejudice, filing timeline |
67
68**If not settled:**
69
70- Partial agreements reached
71- Issues remaining in dispute
72- Agreed next path (resume mediation / litigation / arbitration)
73- Follow-up session scheduling
74
75### 5. Next Steps
76
77```
78- [ ] [Party] to draft formal settlement agreement by [date]
79- [ ] [Counsel] to circulate for execution by [date]
80- [ ] [Party] to satisfy conditions precedent by [date]
81- [ ] [Counsel] to file stipulation of dismissal by [date]
82- [ ] [Mediator] to hold executed copies in escrow until [trigger]
83```
84
85### 6. Closing
86
87- Mediator procedural observations (only with party consent)
88- Good-faith participation acknowledgment
89- Signature/attestation blocks for mediator and all parties
90
91## Confidentiality Guardrails
92
93**NEVER include:**
94
95- Specific offers or counteroffers made during negotiation
96- Statements from caucus or private sessions
97- Mediator evaluations, opinions, or case assessments
98- Attorney-client privileged communications
99- Party admissions not part of final terms
100
101**When in doubt, omit and note "[Omitted — mediation privilege]".**
102
103Legal 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.
104
105## Pitfalls
106
107- **Privilege leaks**: Process summary must describe procedure, not substance — no caucus content, no specific proposals
108- **Jurisdiction variance**: Mediation confidentiality rules differ significantly by state; always identify the governing statute in the caption
109- **Approximation**: Use exact dollar figures, dates, and party names from source documents; never approximate
110- **Court-filing format**: If filing with court, conform to local formatting rules; include proposed order if required
111- **Multi-session**: Consolidate into one summary with session-by-session chronology
112- **Tone**: Neutral and objective — never characterize party behavior or credibility
CaseMark