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

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

> 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.…

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

## Checking plan

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

## Notes

- Do not tell the client that showing a document in a mediation makes that document inadmissible. Rule 408 does not immunise evidence that is otherwise discoverable.
- A mediation agreement or a state rule can add confidentiality that Rule 408 does not. The lawyer reads that agreement before anything is sent.

## Sources

- [Federal Rule of Evidence 408 (compromise offers and negotiations)](https://www.law.cornell.edu/rules/fre/rule_408) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 41 (dismissal of actions)](https://www.law.cornell.edu/rules/frcp/rule_41) (checked 2026-10-22)

## 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.

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