Drafts confidentiality-compliant mediation summary statements documenting session process, outcomes, settlement terms, and next steps. Respects mediation privilege (UMA §§ 4–6) and FRE 408. Use when drafting post-mediation summaries, session reports, settlement memoranda, or mediation statements for parties, counsel, or court filing.
Produces a privilege-safe record of a mediation session — process, outcomes, and obligations — for distribution to parties, counsel, and court.
Gather prerequisites, then draft sections in order: Caption → Background → Process → Outcome → Next Steps → Closing. Apply confidentiality guardrails before finalizing.
| Field |
|---|
| Content |
|---|
| Matter | Full caption |
| Case No. | Docket number (if applicable) |
| Mediator | Name, credentials, appointing authority |
| Date / Duration | Session date(s), total hours |
| Location | Venue or virtual platform |
| Participants | Parties, counsel, representatives with roles |
| Referral Type | Voluntary / Court-ordered (cite order) |
| Governing Statute | Applicable mediation confidentiality statute |
Document procedural framework only — never disclose privileged content:
If settled — document material terms:
| Element | Detail |
|---|---|
| Monetary terms | Amount, schedule, method |
| Non-monetary relief | Specific performance, injunctive terms |
| Mutual releases | Scope and carve-outs |
| Confidentiality | Settlement confidentiality clause |
| Conditions precedent | Board approval, regulatory clearance |
| Implementation timeline | Key deadlines |
| Enforcement | Consent decree, stipulated judgment, contractual |
| Dismissal | With/without prejudice, filing timeline |
If not settled:
- [ ] [Party] to draft formal settlement agreement by [date]
- [ ] [Counsel] to circulate for execution by [date]
- [ ] [Party] to satisfy conditions precedent by [date]
- [ ] [Counsel] to file stipulation of dismissal by [date]
- [ ] [Mediator] to hold executed copies in escrow until [trigger]
NEVER include:
When in doubt, omit and note "[Omitted — mediation privilege]".
Legal basis: UMA §§ 4–6 (mediation communications privilege) [VERIFY current version]; FRE 408 (compromise offers); applicable state mediation confidentiality statutes (vary by jurisdiction — always flag governing state law); contractual confidentiality provisions from mediation agreement.