--- title: "Mediation position paper in a personal injury claim" url: "https://ailawframework.com/precedents/personal-injury-and-compensation/mediation-position-paper-personal-injury" type: "precedent" site: "AI Law Framework" id: "a21-mediation-position-paper-personal-injury" area_id: "A21" kind: "memo" ai_level: "yellow" version: 1 task_ids: ["A21-T1-R10", "A5-T1-R12"] law_stated_as_at: "2026-10-23" --- # Mediation position paper in a personal injury claim > A working outline for the plaintiff's mediation position paper in a personal injury claim. It is not a prescribed form, and it is not the joint memorandum filed later in the Supreme Court of Victoria. Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/mediation-position-paper-personal-injury Law stated as at: 2026-10-23 Site index for agents: https://ailawframework.com/llms.txt ## Key facts - Kind: Memo. An internal or advice memo. - Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md) - Jurisdictions: Victoria, Queensland, New South Wales - AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on. - Law stated as at: 2026-10-23 - Status: Maintained. Checked on 2026-10-23 against the 5 authorities it cites, for Victoria, Queensland and New South Wales. ## When to use it Use when the plaintiff is preparing a position paper for a mediation in a Victorian, Queensland or New South Wales personal injury claim. The lawyer settles every figure from the client's instructions and the damages schedule. In the Supreme Court of Victoria, mediation is expected about two to three months before trial. ## Used for these tasks - [Draft a settlement advice and conference paper](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper.md) - [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) ## How AI may be used The tool may organise the schedule and the issues into this working outline, and the lawyer settles every figure and every statement before the paper is sent. **AI may:** - Arrange the approved headings and paste figures only from the damages schedule or the client's written instructions - List the issues that are agreed and the issues that remain, from the pleadings and the particulars - Keep offers and without-prejudice letters out of the copy that would go to a judge - Flag health-record passages so they stay in the firm's controlled tool **AI must not:** - Must not invent an injury, a date, a wage, a head of damage or a concession - Must not present this outline as a form required by a practice note - Must not draft the joint memorandum or the key documents file that Practice Note SC CL 3 says the parties file - Must not put health records, suppressed material or material produced on subpoena into a public AI tool - Must not draft the Queensland mandatory final offer inside this paper **The lawyer checks:** - Every figure matches the schedule the lawyer is using, and the client has approved the settlement position - The paper does not give away a fact the lawyer has decided to keep for trial - In the Supreme Court of Victoria, the lists covered by SC CL 3 are the Personal Injuries List, the Institutional Liability List and the Dust Diseases List. The note commenced on 1 July 2026 and was reissued on 24 June 2026 - SC CL 3 does not prescribe the contents of a position paper. Paragraph 6.1 expects a mediation about two to three months before trial. Paragraph 10.5 is the later joint memorandum, which is a different document - For a Supreme Court of Victoria transport accident claim of the kind in paragraph 3.4, the court expects the parties to have tried the Transport Accident Act Common Law Protocols. The protocols themselves were not opened - A Queensland compulsory conference under s 36, and the mandatory final offers under s 39, are pre-court steps. This paper does not replace them - The County Court of Victoria common law practice note was not opened. No New South Wales practice note prescribing a position paper was opened - If the paper is later used for a document filed in the Supreme Court of Victoria, SC GEN 25 requires the user to be able to identify portions produced with AI and to explain how they were verified ## Authorities - [Supreme Court of Victoria, Practice Note SC CL 3 Personal Injuries Litigation, commenced 1 July 2026, reissued 24 June 2026, paragraphs 3.4, 6.1, 6.17 to 6.19, 7.16, 10.3, 10.5 and 10.6](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) - [Supreme Court of Victoria practice note page for SC CL 3, linking to the PDF reissued on 24 June 2026](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-cl-3-personal-injuries-litigation) - [Personal Injuries Proceedings Act 2002 (Qld) s 36 (compulsory conference before a proceeding is started)](https://www5.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s36.html) - [Personal Injuries Proceedings Act 2002 (Qld) s 39 (mandatory final offers if the claim is not settled at the conference)](https://www5.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s39.html) - [Supreme Court of Victoria, Practice Note SC GEN 25, issued 14 May 2026, paragraphs 6.8 and 7.2 to 7.6 (confidential information is not entered in a public AI tool; the user can identify portions produced with AI)](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/mediation-position-paper-personal-injury and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*