Prepare a mediation summary for the client from the file
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the pleadings and the documents the lawyer marks, list the amounts claimed, the amounts offered in writings already in the file, and the issues still open. Do not write a paper to send to the mediator or the other side.
- What the lawyer must review
- Federal Rule of Evidence 408(a) excludes, when offered to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction, evidence of furnishing or accepting a valuable consideration in compromising a claim, and conduct or a statement made during compromise negotiations about the claim, with the criminal-case exception the rule states. Rule 408(b) allows admission for another purpose, such as proving bias, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation. Rule 408 is not a mediation privilege. Rule 1.6 and Formal Opinion 512: the client’s numbers stay in a confidential tool. The lawyer writes anything the client will see as advice.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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 wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- 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.