Mediation brief preparation workflow
A good mediation brief is short, structured, and designed to move the other side. It reads the pleadings, identifies what the other side is actually worried about, and sets up a sequence of positions with stated bottom lines. The brief is where mediations are won or lost.
This is an 8-step workflow for preparing a mediation brief for any civil matter — court-ordered or consensual — under UCPR 2005 (NSW) Part 20 Div 1 or Federal Court Rules 2011 Part 28.
Before you start
- Signed costs agreement and conflict check
- Pleadings, key affidavits, and expert reports
- Instructions on authority and walk-away position
- Mediator engaged and date fixed
The workflow
Confirm mediator, process, and logistics
Confirm the mediator, mediation agreement (including confidentiality), location, and any joint-session / private-session structure. Address Zoom vs in-person.
Build the core brief
Build the core brief: pleadings, key correspondence, important affidavits, expert reports, and a short chronology. Keep paginated and indexed.
Draft the position paper
Draft a 4-8 page position paper — facts, issues, evidence, legal analysis, and commercial proposal. Focus on what the other side needs to hear, not what the client wants to say.
Build the authority matrix
Build an internal authority matrix: opening, interim range, revised range, bottom line, and walk-away. Include structure options (cash, instalments, release, reference).
Rehearse opening and private session handling
Rehearse the opening — tone, message, duration — and plan how private sessions will be used. Decide who speaks and what each person is there to say.
Prepare deed of settlement shell
Prepare a deed of settlement shell that can be populated on the day — releases, payment, confidentiality, no-disparagement, and costs. The deed is much quicker to finalise if drafted in advance.
Address costs and offer history
Collate prior offers of compromise and Calderbank offers. Confirm the client's costs exposure and any insurer or funder position before setting the opening number.
Attend mediation and capture outcome
Attend mediation with authority to settle. On agreement, execute heads of agreement on the day and convert to a deed within 48 hours. On no agreement, capture the reasons and a plan for the next step.
What you will have at the end
A tightly prepared mediation with a short position paper, structured authority matrix, and ready-to-sign deed — delivering either a signed settlement on the day or a precise understanding of the remaining issues.
Common issues
- Brief is a data dump rather than a persuasive document
- Authority matrix unclear, leading to consent creep on the day
- Opening is too aggressive or too defensive
- Settlement deed drafted after heads of agreement, losing momentum
- No plan for the private sessions
Run this workflow on a real matter
Quillio drafts the position paper, builds the chronology, and pre-populates the settlement deed shell. See /practice-areas/litigation-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. Mediation strategy is matter-specific; tailor the brief to the parties and the mediator.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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