---
title: "Draft the mediation position paper and a negotiation analysis"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/draft-the-mediation-position-paper-and-negotiation-analysis/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A6-T1-R6-US"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft the mediation position paper and a negotiation analysis

> 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.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/draft-the-mediation-position-paper-and-negotiation-analysis/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Draft the mediation position paper and negotiation analysis](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/draft-the-mediation-position-paper-and-negotiation-analysis.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 408 is an evidence rule in a later proceeding. It is not a substitute for a mediation confidentiality agreement.
- Do not file the position paper. If a term is later made into a consent award or a stipulated judgment, the lawyer writes that instrument.

## Sources

- [Federal Rule of Evidence 408](https://www.law.cornell.edu/rules/fre/rule_408) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*