List settlement communications and the purpose that might be raised

Key facts

Human involvement
YellowClose supervision
How AI is used
List each communication or document made in an attempt to settle, and which other purpose might be raised for it. Do not say that the communication is admissible.
What the lawyer must review
You decide which forum's rule applies, and you do not treat a listed purpose as a ruling that the communication comes in. Federal Rule of Evidence 408(a) says evidence of furnishing, promising, or offering, or accepting, a valuable consideration in compromising or attempting to compromise a claim, and conduct or a statement made during compromise negotiations about the claim, is not admissible on behalf of any party to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction. The criminal-case exception in 408(a)(2) is limited to negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority. Rule 408(b) says the court may admit the evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. In an AAA commercial arbitration, Rule R-35 says conformity to legal rules of evidence shall not be necessary, and the arbitrator determines admissibility, relevance, and materiality. In an AAA commercial mediation, M-10 says the parties shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding the views, admissions, mediator proposals, and indications of willingness that M-10 lists, unless agreed by the parties or required by applicable law.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistanceConsider narrowly defined preparation support after confirming the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
  2. Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
  3. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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