--- name: mediation-summary title: Mediation Summary Statement description: 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. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/mediation-summary license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: arbitration language: en --- # Mediation Summary Statement Produces a privilege-safe record of a mediation session — process, outcomes, and obligations — for distribution to parties, counsel, and court. ## Prerequisites 1. Pre-mediation statements from each party 2. Session notes — joint session and caucus procedural notes (not privileged content) 3. Settlement terms — draft or executed (if agreement reached) 4. Case caption and docket number (if court-connected) 5. Participant list — parties, counsel, mediator credentials, observers ## Quick Start Gather prerequisites, then draft sections in order: Caption → Background → Process → Outcome → Next Steps → Closing. Apply confidentiality guardrails before finalizing. ## Output Sections ### 1. Caption Block | 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 | ### 2. Background (3–5 sentences) - Nature of dispute and claims/defenses - Procedural posture (pre-suit, pending, post-discovery) - Mediation trigger (stipulation, court order, contract clause) ### 3. Process Summary Document **procedural framework only** — never disclose privileged content: - Session format (opening statements, joint sessions, caucuses) - Discrete issues addressed - General negotiation trajectory (e.g., "parties exchanged proposals over six rounds") - Mediator techniques (facilitative, evaluative, hybrid) - Duration breakdown if multi-session ### 4. Outcome **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:** - Partial agreements reached - Issues remaining in dispute - Agreed next path (resume mediation / litigation / arbitration) - Follow-up session scheduling ### 5. Next Steps ``` - [ ] [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] ``` ### 6. Closing - Mediator procedural observations (only with party consent) - Good-faith participation acknowledgment - Signature/attestation blocks for mediator and all parties ## Confidentiality Guardrails **NEVER include:** - Specific offers or counteroffers made during negotiation - Statements from caucus or private sessions - Mediator evaluations, opinions, or case assessments - Attorney-client privileged communications - Party admissions not part of final terms **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. ## Pitfalls - **Privilege leaks**: Process summary must describe procedure, not substance — no caucus content, no specific proposals - **Jurisdiction variance**: Mediation confidentiality rules differ significantly by state; always identify the governing statute in the caption - **Approximation**: Use exact dollar figures, dates, and party names from source documents; never approximate - **Court-filing format**: If filing with court, conform to local formatting rules; include proposed order if required - **Multi-session**: Consolidate into one summary with session-by-session chronology - **Tone**: Neutral and objective — never characterize party behavior or credibility