A sample California mediation brief typically runs five to ten pages and walks the mediator through the parties and who has settlement authority, a chronological statement of facts, the legal issues, discovery status, an itemized damages breakdown, any liens, insurance coverage, the history of prior demands and offers, and your current settlement position. No California statute dictates a fixed format, so the model below reflects what mediators and California courts consistently ask for, and you can adapt it to your dispute.
Sample California Mediation Brief
The sample that follows is a personal injury case. For a contract dispute, swap the medical damages section for your economic losses and attach the relevant contract provisions instead of medical records.
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 in Your Own Brief
The Orange County Superior Court describes a brief as usually containing 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 Monterey County publishes more detailed outlines for personal injury and non-personal injury cases, adding 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 Combined with what experienced mediators consistently request, a thorough brief covers:
- Parties, counsel, and the person attending with settlement authority.
- A chronological statement of facts.
- The legal issues, with references to the California statutes or case law that control them.
- Discovery status and what remains before trial.
- An itemized breakdown of damages or the specific relief sought.
- Insurance policy limits and any coverage disputes.
- Liens, including any health insurance, Medicare, or Medi-Cal liens in personal injury cases.
- Settlement history: every prior demand, offer, and any conditions attached.
- Your current settlement position, with the reasoning behind the number.
For non-personal-injury disputes, attach or summarize the key contract provisions in place of medical records, and replace the medical damages breakdown with the specific relief you seek.2Superior Court of California, County of Monterey. Written Mediation Statement Outlines
Writing the Statement of Facts
The factual section is where briefs either earn credibility or lose it. Write chronologically, anchored to specific dates, events, and communications. Resist turning this section into a motion for summary judgment. Stick to facts that establish or undermine liability, and present them with enough objectivity that the mediator trusts your version before hearing the other side.
Where documentary evidence supports a key fact, reference or attach it. A material contract provision, a photograph of property damage, or a demand letter can do more than a paragraph of argument. Be selective. Fewer, more powerful exhibits carry more weight than a stack of documents the mediator will not have time to read. For longer documents, attach only the relevant excerpt, and if you send materials electronically, label or bookmark attachments so they are easy to navigate.
Procedural history belongs here too, kept short. Note when the complaint was filed, the current status of discovery, any significant motions that have been decided, and the trial date if one is set. That context lets the mediator gauge how much litigation risk each side faces and how urgently settlement serves everyone.
Presenting Legal Arguments and Damages
Keep legal analysis concise. Identify the governing California statutes and, where relevant, cite case law with parallel facts. In a breach of contract matter, for example, California Civil Code section 3300 provides that damages equal the amount that compensates the injured party for all harm that foreseeably resulted from the breach.3California Legislative Information. California Code Civil Code 3300 Explain briefly how your facts satisfy each element. A few well-chosen paragraphs showing a viable legal theory are more effective than an exhaustive recitation of every favorable authority.
Damages need to be specific and itemized. For personal injury cases, separate economic losses (medical bills, lost wages, property damage) from non-economic damages (pain and suffering, loss of enjoyment of life). Include amounts billed by providers, amounts paid or still outstanding, and anticipated future treatment costs. For commercial disputes, quantify lost profits, costs incurred, or the value of the contractual benefit the other party failed to deliver.
Close with your settlement demand or offer, connected to the damages you have itemized and the litigation risk the other side faces. A number that traces logically from documented losses gives the mediator something to work with when they sit down with the opposing party.
Addressing Your Case’s Weaknesses
The natural instinct is to write a brief that spotlights every strength and buries every vulnerability. That approach usually backfires. The mediator will learn about your weaknesses from the other side’s brief anyway, and discovering them secondhand destroys the credibility you built in the rest of your document.
A better approach: identify the one or two most significant weaknesses in your case, whether a disputed fact, a close legal question, or a damages gap, and address them directly. Explain how you plan to deal with the challenge at trial. If liability is strong but damages are uncertain, say so, and then explain why the damages evidence you do have supports your number. This kind of candor signals a realistic assessment, which makes the mediator more likely to trust your other positions.
If there are barriers to settlement beyond the legal merits, such as a difficult personal dynamic between the parties, a continuing business relationship, or limited insurance funds, flag those too. The mediator needs to know about obstacles that might not surface in the legal arguments but could derail a deal in the room.
Length and Tone
Five to ten pages works for most cases. A straightforward two-party contract dispute may need only five. Complex multi-party litigation, cases with extensive medical records, or disputes involving multiple causes of action can justify fifteen, but think carefully before going longer. A bloated brief signals that you could not identify what actually matters in your case.
Tone matters. A mediation brief is not a motion. Aggressive language, personal attacks on opposing counsel, and sarcastic characterizations of the other side 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 reach a resolution.
Confidentiality and Whether to Exchange With Opposing Counsel
Everything 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 itself. The one exception: mediation communications lose protected status if every participant expressly agrees in writing to disclosure.
Because of that confidentiality, a mediation brief can be more candid than any court filing. You can acknowledge weaknesses, discuss settlement ranges, and float creative compromises without worrying that an opposing party will wave your brief in front of a judge later. Briefs are submitted directly to the mediator by email or secure upload, not filed with the court, which preserves the Evidence Code section 1119 protections.4California Legislative Information. California Evidence Code 1119
Whether to exchange the brief with opposing counsel is a separate decision. Many mediators encourage exchange because it gives both sides an early look at the other’s position and can accelerate realistic negotiation. In cases where discovery is complete and both parties already know each other’s arguments, exchanging generally creates more benefit than risk.
Where you want to protect sensitive strategy, such as a settlement authority ceiling, a client’s personal concerns, or a creative proposal you are not ready to reveal, 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.
California Rules and Local Variations
California Rules of Court, Rule 3.894 allows the mediator to request 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, and it does not set a statewide deadline for the statement itself. The deadline for your brief comes from the mediator’s own instructions or from local court rules, which vary by county.
Local rules can add their own requirements. 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 Before you start writing, check both the mediator’s instructions and your local court’s rules so your format and deadline match what is actually required in your case.