Draft a mediation position paper and a settlement-range note
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the claim papers and the instructions the lawyer gives, draft a working position paper and a separate note of the range the lawyer has already set. Do not send the paper, do not state a figure the lawyer has not set, and do not write a release or a stipulation of dismissal.
- What the lawyer must review
- Federal Rule of Evidence 408 provides that evidence of furnishing, promising, or offering, or of accepting, a valuable consideration in compromising or attempting to compromise a claim, and evidence of conduct or a statement made during compromise negotiations about the claim, is not admissible on behalf of any party to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction. There is an exception when the evidence is offered in a criminal case and the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority. The court may admit the evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. The rule does not make the paper privileged, and it does not exclude evidence that is otherwise discoverable merely because it was presented in a negotiation. The lawyer decides what is sent. If the matter later ends by a dismissal, Federal Rule of Civil Procedure 41 is the dismissal rule; the tool writes no stipulation.
- 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
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- 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.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Pre-suit commercial demand letter | Letter | AI use 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. All precedents.