---
title: "Draft the mediation position paper and a settlement-range briefing note"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-mediation-position-paper-and-a-settlement-range-briefing-note"
type: "task"
site: "AI Law Framework"
id: "A5-T1-R12"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Draft the mediation position paper and a settlement-range briefing note

> From the pleadings, evidence table and instructions, draft a mediation paper and a confidential BATNA/WATNA note for the lawyer.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-mediation-position-paper-and-a-settlement-range-briefing-note  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the pleadings, evidence table and instructions, draft a mediation paper and a confidential BATNA/WATNA note for the lawyer. |
| What the lawyer must review | Take settlement range and offers from client instructions Check the paper does not waive privilege or overstate the evidence |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Potential support includes preparing preliminary structure or wording and summarising source material. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
2. Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
3. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
4. Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
5. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
6. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
7. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Pre-suit commercial demand letter](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-presuit-demand-letter.md) | Letter | Yellow | Demand letter before a federal commercial suit, stating the contract or duty, the amount or act sought, and a reply date, without consumer-debt disclosures. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-mediation-position-paper-and-a-settlement-range-briefing-note/united-states.md) | Yellow |

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