AI Prompt Library

Mediation & ADR prompts for Australian lawyers

These prompts are designed for AU practitioners preparing mediation briefs, position papers, offers, and settlement documents across commercial, family, workplace, and construction disputes. Copy any prompt, replace placeholders with your matter facts, and run it.

In short

A curated library of 25 AI prompts for Australian lawyers preparing for mediation, arbitration, and other ADR processes. Each prompt is grounded in current Australian ADR practice. Use them with Quillio to prepare, negotiate, and document resolutions.

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Research

Research prompts (5)

Research mediation confidentiality

Prompt

Research the current Australian position on mediation confidentiality and its exceptions. Cover statutory protection, contractual confidentiality, and the without-prejudice rule.

Example use: Advising a client whether statements made in mediation can be used in subsequent proceedings.

Research enforceability of settlement agreements

Prompt

Research the current authority on enforceability of settlement deeds reached at mediation. Cover Masters v Cameron categories and recent Supreme Court authority.

Example use: A party wishing to enforce heads of agreement signed at the end of a mediation day.

Research costs consequences of unreasonable conduct

Prompt

Research the costs consequences of unreasonable failure to engage with ADR in [state/federal]. Cover relevant court rules and recent decisions.

Example use: Seeking indemnity costs against a party that refused to mediate before a 5-day hearing.

Research Calderbank offers

Prompt

Research the current test for Calderbank offers in [jurisdiction]. Cover the unreasonable rejection test and recent appellate guidance on costs uplift.

Example use: Preparing a Calderbank offer a month before a commercial trial.

Research arbitration agreement stay applications

Prompt

Research the grounds for a stay under section 8 of the Commercial Arbitration Act. Cover the inoperability exceptions and the court's approach to enforcement.

Example use: Applying to stay Supreme Court proceedings in favour of a contractual arbitration clause.

Drafting

Drafting prompts (5)

Draft a mediation position paper

Prompt

Draft a position paper for [client] in a mediation of a [matter type]. Facts: [details]. Structure: background, issues, our position, proposed resolution. Target 4-6 pages.

Example use: A position paper for a contract dispute over $1.2M ahead of a full-day mediation.

Draft a without-prejudice settlement offer

Prompt

Draft a without-prejudice settlement offer in [matter]. Our position: [details]. Offer: [details]. Response deadline: [date]. Include scope of release.

Example use: A settlement offer sent a week before mediation in an employment matter.

Draft a settlement deed

Prompt

Draft a deed of release settling [matter]. Parties: [details]. Payment: [$]. Include full release, confidentiality, non-disparagement, and no-admission clauses.

Example use: A deed settling a commercial contract dispute with ongoing commercial relationship preserved.

Draft mediation agreement

Prompt

Draft an agreement to mediate setting out the process rules, confidentiality, mediator appointment, and costs sharing. Parties: [details]. Mediator: [details].

Example use: A private mediation agreement before a major commercial dispute goes to mediation.

Draft a Calderbank offer

Prompt

Draft a Calderbank offer in [matter]. Amount: [$]. Reasoning: [details]. Include the acceptance period and the basis for costs consequences if rejected.

Example use: A Calderbank offer 6 weeks before a trial where our client's position is strong on liability.

Review

Review prompts (5)

Review a draft settlement deed

Prompt

Review this draft settlement deed. Check the scope of release, payment terms, confidentiality, and any risks in warranties or indemnities.

Example use: A deed drafted by the other side after verbal settlement at mediation.

Review an opposing position paper

Prompt

Review the opposing party's mediation position paper. Identify the strongest and weakest arguments, any new facts, and points that should influence our approach on the day.

Example use: A position paper served two days before mediation in a construction dispute.

Review a proposed mediation clause

Prompt

Review the dispute resolution clause in [contract]. Check the mediation step, notice requirements, and the path to arbitration or litigation if unresolved.

Example use: A contract clause review before a dispute is notified, to plan the procedural path.

Review settlement offers against BATNA

Prompt

Review the settlement offers on the table against the client's BATNA. Compare the monetary and non-monetary elements, the litigation risks, and the time and cost of continuing.

Example use: Advising a client during a mediation break on whether to accept an improved offer.

Review an arbitration clause

Prompt

Review this arbitration clause in [contract]. Check the seat, rules, number of arbitrators, and any multi-tier dispute resolution steps.

Example use: Reviewing a clause before invoking arbitration in a supply agreement dispute.

Client comms

Client comms prompts (5)

Explain mediation to a client

Prompt

Draft a plain-English explanation of the mediation process for a client attending for the first time. Cover the day structure, the client's role, and confidentiality.

Example use: A small business owner attending their first mediation in a commercial dispute.

Explain settlement authority

Prompt

Draft a plain-English letter explaining the concept of settlement authority and the need for an authorised decision-maker at mediation.

Example use: Ensuring an insurer-represented defendant has appropriate authority at the mediation.

Explain confidentiality in ADR

Prompt

Draft a plain-English letter to a client explaining confidentiality protections in mediation and the situations where they may not apply.

Example use: A client concerned that sensitive commercial information might be used against them.

Explain Calderbank offers

Prompt

Draft a plain-English explanation of Calderbank offers and their costs consequences for the client considering making or responding to one.

Example use: A client weighing whether to accept a Calderbank offer received 4 weeks before trial.

Explain arbitration

Prompt

Draft a plain-English letter explaining the domestic arbitration process under the Commercial Arbitration Acts, including enforceability and limited appeal rights.

Example use: A client considering whether to invoke an arbitration clause in a supplier dispute.

Strategy

Strategy prompts (5)

Strategy for mediation preparation

Prompt

Develop a mediation preparation strategy for [matter]. Facts: [details]. Identify our BATNA, WATNA, target settlement range, and negotiation plan for the day.

Example use: Preparing for a one-day mediation in a $2M commercial dispute.

Strategy for multi-party mediation

Prompt

Develop a strategy for a multi-party mediation. Parties: [details]. Identify the alliance possibilities, order of offers, and procedural approach.

Example use: A five-party mediation arising from a construction dispute with contributing defendants.

Strategy for a difficult counterparty

Prompt

Develop a strategy for negotiating with a highly positional counterparty. Facts: [details]. Consider reframing, reality testing, and private session tactics.

Example use: A mediation where the other side has rejected all prior offers and refuses to move.

Strategy for a workplace mediation

Prompt

Develop a strategy for a workplace mediation involving [employee vs manager]. Consider interests, relationships, and the prospect of continued employment.

Example use: A mediation of a bullying complaint where both parties want to continue working together.

Strategy for settlement documentation

Prompt

Develop a strategy for documenting settlement at mediation to ensure enforceability and avoid disputes. Consider heads of agreement, deeds, and consent orders.

Example use: Ensuring a complex commercial settlement is watertight before the parties leave the mediation.

Use with Quillio

Run these prompts grounded in AU law

Quillio is built for Australian dispute resolution practice — every output is grounded in current ADR authority, court rules, and settlement precedent. See /practice-areas/litigation-lawyers for details, or start a free trial at /free-trial to use these prompts on your own matters.

These prompts are templates — always verify outputs against source material and current legislation before relying on them in client matters.

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