Prepare an issue sheet for mediation
For parties and counsel preparing for a mediation session.
How do you prepare a mediation agenda when the parties disagree about both the facts and the remedy?
Build one row for each decision the parties could actually make. Record each side’s concern, the fact that would help resolve it and two possible ways to address it. Keep your private assessment separate from any statement to be shared.
Start with a decision, not a demand
Write the issue in words both sides could recognize. “Who will complete the repair, and by when?” gives the room a question to answer. For each issue, list agreed facts, disputed facts and missing information. Attach only the material needed to understand that point. Identify the person who can supply or verify a missing figure.
Ask what matters beyond the immediate claim. A predictable schedule, replacement parts, uninterrupted operations or the ability to end a relationship may matter more than moving a dollar amount. Keep the client’s stated interests separate from your predictions about the other side.
Make options concrete enough to compare
Set out a proposed action, who would perform it, timing, cost, dependencies and how completion could be checked. Compare at least one alternative if there is no agreement. Consider the time, cost and uncertainty of continuing the dispute alongside the practical costs of the proposed solution.
Prepare questions where the answer might change your position. If a replacement depends on a supplier, ask how long the part takes to obtain and who controls the order. An option that cannot be performed within the proposed timeline may need a contingency rather than a different price.
Decide what the mediator needs in advance
Check the actual program rules, order and mediator’s instructions for attendance, authority, timing, exchange and confidentiality. Identify what the other side receives and what may be sent separately. Keep private limits and internal approvals in the designated place. Confirm who can approve each term or how that person will be reached.
Worked example
Illustrative issue sheet. A buyer seeks a replacement machine and the seller seeks payment on an invoice. Both agree the machine is idle. They dispute the cause. One option pairs a joint inspection with a dated repair decision. Another pairs a return with a credit after the serial number is confirmed. Before comparing amounts, the parties need a technician’s availability, the cost of downtime and the person authorized to issue a credit.
Primary sources
Related work at Agentic Attorney
This mediation worksheet is part of the shared Agentic Attorney resource collection. The main site describes its work implementing AI for legal teams. Explore Agentic Attorney’s approach to AI implementation.