Draft the mediation position paper and a negotiation analysis
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts brief and the documents the lawyer designates, draft a position paper for the mediation. Keep a separate negotiation note that is not sent. The lawyer edits the paper before it is exchanged.
- What the lawyer must review
- Federal Rule of Evidence 408 makes evidence of furnishing, promising or offering, or accepting, a valuable consideration in compromising a disputed claim, and conduct or a statement made during compromise negotiations, inadmissible to prove or disprove the validity or amount of the claim or to impeach by a prior inconsistent statement or contradiction. The rule has exceptions, including evidence offered for another purpose. It does not itself make the paper confidential. A mediation privilege, where one exists, is state law or a court order and must be opened for the forum. Rule 1.6 and Formal Opinion 512 govern what is typed into a tool to produce the draft.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.