A California mediation brief is the written statement you send to your mediator before the session, laying out the parties, the facts, the legal issues, your damages, insurance and liens, and where settlement talks stand. A useful sample of a California mediation brief walks through each of those sections in the order a mediator expects to read them. The sample below covers a personal injury case; the same structure works for contract and other civil disputes with a few substitutions.
Sample California Mediation Brief
Adapt the sections for your specific dispute type. For a contract case, replace the medical damages breakdown with your economic losses and attach the relevant contract provisions.
MEDIATION BRIEF
Case: Maria Torres v. John Anderson
Case No.: 23CV-04521
Mediator: Hon. Susan Park (Ret.)
Mediation Date: March 15, 2026
Submitted by: Counsel for Plaintiff Maria Torres
I. Parties and Decision-Makers
Plaintiff Maria Torres is a 42-year-old registered nurse employed at Valley Medical Center. She will attend the mediation in person with full settlement authority. Defendant John Anderson is the registered owner of the vehicle involved in the collision. His representative with settlement authority from State Farm Insurance will attend. Defense counsel is David Chen of Chen & Associates.
II. Statement of Facts
On June 12, 2023, at approximately 5:45 p.m., Ms. Torres was driving northbound on Fair Oaks Boulevard in Sacramento when Mr. Anderson ran a red light at the intersection of Fair Oaks and Marconi Avenue and struck the driver’s side of Ms. Torres’s vehicle. A Sacramento Police Department traffic report (Exhibit A) confirms that Mr. Anderson was cited for running the red signal. An independent witness, James Liu, provided a statement to police corroborating that Mr. Anderson entered the intersection after the light had turned red.
Ms. Torres was transported by ambulance to Mercy General Hospital, where she was diagnosed with a herniated disc at L4-L5 and a torn rotator cuff in her left shoulder. She underwent arthroscopic shoulder surgery on August 3, 2023, and completed six months of physical therapy. Her treating orthopedist, Dr. Robert Nakamura, has opined that she will require a future lumbar fusion surgery and has a permanent partial disability rating of 12%. Dr. Nakamura’s medical report is attached as Exhibit B.
III. Discovery Status
Written discovery is complete. Ms. Torres and Mr. Anderson have both been deposed. Dr. Nakamura’s deposition is scheduled for April 2026. No dispositive motions have been filed. Trial is set for September 8, 2026.
IV. Legal Issues
Liability is straightforward. Mr. Anderson violated California Vehicle Code section 21453(a) by entering the intersection against a red signal. The police report and independent witness testimony establish that Ms. Torres had the right of way. Defendant has not identified any comparative fault on Ms. Torres’s part in discovery responses.
V. Damages
Economic Damages:
- Past medical expenses (billed): $127,400
- Past medical expenses (paid/outstanding): $94,200
- Future lumbar fusion surgery (estimated): $85,000–$110,000
- Lost wages (16 weeks missed work at $2,100/week): $33,600
- Future lost earning capacity (per vocational expert): $45,000
Non-Economic Damages:
Ms. Torres has endured over two years of pain, limited mobility, and disruption to her daily life and career. She can no longer participate in the recreational hiking and cycling she enjoyed before the accident. Her treating psychologist has documented anxiety related to driving. Plaintiff values non-economic damages at $350,000.
VI. Liens
- Blue Shield health insurance lien: $62,300
- No Medicare or Medi-Cal involvement
VII. Insurance Coverage
Defendant’s State Farm policy has a liability limit of $500,000. No coverage disputes have been raised.
VIII. Settlement History
On October 1, 2025, Plaintiff served a demand of $675,000. On November 15, 2025, Defendant offered $185,000. No further negotiations have occurred.
IX. Settlement Position
After accounting for the strength of liability evidence, the documented economic losses totaling approximately $310,000–$343,000, the outstanding lien obligations, and the significant non-economic harm Ms. Torres has suffered, Plaintiff’s current demand is $625,000. This figure reflects a realistic assessment of the case’s trial value while accounting for the uncertainty inherent in a jury verdict on non-economic damages. Plaintiff is prepared to negotiate in good faith and has full authority to resolve this case at mediation.
Respectfully submitted,
[Attorney Name]
[Firm Name]
Counsel for Plaintiff Maria Torres
Sections to Include and Why
No California statute prescribes a mandatory format, so the sections below reflect what experienced mediators consistently ask for and what California trial courts publish as guidance. The Orange County Superior Court notes that a brief “usually” includes a concise description of the facts, the parties and their representatives, and any unusual rules of law.1Superior Court of California, County of Orange. Preparing for Mediation The Monterey County Superior Court publishes detailed outlines for personal injury and non-personal injury cases that go further, calling for sections on discovery status, insurance coverage, liens, and the full history of settlement negotiations.2Superior Court of California, County of Monterey. Written Mediation Statement Outlines
- Parties and decision-makers: Every party, their counsel, and the person attending with settlement authority. If an insurance representative is coming, name them.
- Statement of facts: A chronological narrative anchored to dates, events, and communications. Where a document proves a key fact, reference or attach the relevant excerpt.
- Discovery status: What has been completed, what remains, and whether trial is set.
- Legal issues: The causes of action or defenses at play, with the governing California statutes and any parallel case law. A few paragraphs, not a trial brief.
- Damages or relief sought: Itemized. For injury cases, separate economic losses (medical bills billed and paid, lost wages, property damage, future care) from non-economic damages. For commercial cases, quantify lost profits, costs incurred, or the value of the contractual benefit the other party failed to deliver.3California Legislative Information. California Code Civil Code 3300
- Insurance coverage: Policy limits for each defendant and any coverage disputes.
- Liens: Health insurance, Medicare, Medi-Cal, or other third-party liens.
- Settlement history: Prior demands, offers, and any conditions attached.
- Current settlement position: Your number, tied to the damages you itemized and the risk the other side faces.
In a non-personal-injury case, attach or summarize key contract provisions instead of medical records, and replace the damages breakdown with the specific relief you seek.2Superior Court of California, County of Monterey. Written Mediation Statement Outlines
Why You Can Be Candid: Confidentiality
Everything you write in your mediation brief is shielded by California Evidence Code section 1119, which makes any writing prepared for mediation inadmissible and protected from discovery in any later civil proceeding, arbitration, or administrative hearing.4California Legislative Information. California Evidence Code 1119 The same protection covers anything said during the session. That is why a mediation brief can be more candid than a court filing: you can acknowledge weaknesses, discuss ranges, and float compromises without worrying that opposing counsel will wave your brief in front of a judge.
One exception: mediation communications lose their protected status if every participant expressly agrees in writing to disclosure. Short of that unanimous written consent, confidentiality holds.
Because a strong brief acknowledges the case’s real problems, identify one or two of your most significant weaknesses and address them directly. Explain how you plan to deal with them at trial. Candor about a close legal question or a damages gap makes the mediator more likely to trust your positions across the rest of the brief.
Submitting the Brief and Whether to Exchange
Mediation briefs are typically submitted directly to the mediator, not filed with the court. The method is usually email or a secure upload portal, which keeps the document out of the court file and preserves the section 1119 protections.4California Legislative Information. California Evidence Code 1119
The bigger decision is whether to exchange briefs with opposing counsel. Many mediators encourage exchange because it gives both sides an early look at the other’s position. Where discovery is complete and each party already knows the other’s arguments, exchange usually creates more benefit than risk.
When you want to protect sensitive strategy, consider a two-part package: an exchangeable brief covering facts, legal issues, and damages, plus a separate confidential letter to the mediator marked “For Mediator’s Eyes Only.” The confidential letter is the place for bottom-line numbers, private client constraints, and candid assessments you do not want the other side reading. The mediator will honor that designation.
Length, Tone, and Common Mistakes
Five to ten pages is a reasonable target for most cases. A straightforward two-party contract dispute might need only five. Complex multi-party litigation or cases with extensive medical records can justify fifteen, but think carefully before going longer. A bloated brief signals that you could not identify what actually matters.
Tone matters more than most people realize. A mediation brief is not a motion. Aggressive language, personal attacks on opposing counsel, and sarcastic characterizations of the other side’s position do nothing to advance your interests in a process built on finding common ground. Write with confidence, but write for someone whose job is to help both sides, not to pick a winner.
Common mistakes that weaken an otherwise solid brief:
- Burying the settlement number at the very end. The mediator needs it early enough to read the rest of the brief through that lens.
- Omitting insurance information in injury cases. Without policy limits and any coverage disputes, the mediator cannot facilitate a realistic negotiation.
- Ignoring prior demands and offers. The negotiation history tells the mediator where things stand.
- Attaching everything. A hundred pages of medical records or deposition transcripts will not be read. Attach the contract at issue, the key medical report, or the critical email chain, and excerpt the portions that matter.
- Writing for a judge. The mediator is not ruling on a motion. They need enough legal context to evaluate risk, not every favorable citation you have found.
Rules and Deadlines to Confirm Before You Write
California Rules of Court, Rule 3.894 allows the mediator to request that each party submit a “short mediation statement” covering the issues in dispute, possible resolutions, and any other information or documents that might help resolve the case.5Judicial Branch of California. California Rules of Court Rule 3.894 – Attendance, Participant Lists, and Mediation Statements The rule does not prescribe mandatory sections or a page limit. The mediator’s own instructions fill in those details.
Rule 3.894 does require you to serve a list of your mediation participants on the mediator and all other parties at least five court days before the first session, but it does not set a separate deadline for the mediation statement itself.5Judicial Branch of California. California Rules of Court Rule 3.894 – Attendance, Participant Lists, and Mediation Statements The submission deadline for the brief comes from the mediator’s instructions or from local court rules, which vary by county. Some appellate courts, for example, require a mediation statement form filed with the clerk within a set number of days after the notice of appeal, with the clerk transmitting it to the mediation program rather than placing it in the court file.6California Courts. Sixth Appellate District – Rule 1 Mediation Confirm the deadline and any format requirements directly with the mediator’s office and your local court before you start writing.