Prepare a mediation briefing note from the documents in the file
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the documents the lawyer might use at the mediation, the clause that sends the dispute to mediation, and the open numbers in the file. Do not draft speaking notes that will be read out.
- What the lawyer must review
- Federal Rule of Evidence 408 limits the later use of compromise offers and of statements made during compromise negotiations, on the terms of that rule. It does not set the mediation procedure. The procedure is the clause in the file. Rule 1.6 requires a reasonable effort to prevent unauthorized access to the briefing note. Formal Opinion 512: the lawyer checks the note before the mediation. Model Rule 1.1 is the competence duty for how the tool is used.
- 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
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- 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.