A Global Skill Arriving in Vietnam
“Mediation briefs” may sound unfamiliar to most future legal practitioners in Vietnam, but in the United States this term has become an essential part of professional mediation practice. It refers to a structured written document that helps both the mediator and the parties understand the facts, issues, and interests in dispute before the mediation session begins.
Through the initiative supported by the Weinstein International Foundation (WIF), the concept of mediation briefs is being introduced to Vietnam as part of the international mediation writing and advocacy competition.
Now we will together explore why it matters, and how it helps mediators, advocates, and disputing parties communicate more effectively.
Where Mediation Briefs Come From
The concept of mediation briefs evolved alongside the professionalization of mediation in the United States during the late 20th century. As mediation developed into a mainstream alternative dispute resolution (ADR) method, professional mediators began requesting written summaries from parties to understand key issues in advance.
Esteemed mediators such as Judge Daniel Weinstein, a co-founder of JAMS, emphasized that effective mediation depends on discipline, preparation, and trust-building. A well prepared mediation brief embodies those principles by providing structure and clarity to the discussion.
Similarly, Bruce Edwards and Susan Edwards of Edwards Mediation Academy have explained that mediation briefs serve as a communication bridge between counsel, clients, and mediator.
Why Mediation Briefs Matter
A mediation brief is more than a summary, it is a tool for understanding. It allows the mediator to grasp the factual background, the commercial context, and the parties’ interests before they meet.
Good mediation briefs:
- save time by reducing repetition during sessions,
- help mediators focus on key issues, and
- improve mutual understanding by revealing what truly matters to each side.
In essence, mediation briefs make mediation faster, clearer, and more human.
Mediation Briefs Around the World
Although the name “mediation brief” is mainly used in the United States, similar documents exist globally:
In the United Kingdom, mediators use “mediation submissions” or “case summaries”
In Singapore, mediators receive “position statements”
In other countries, parties exchange “mediation statements”
Whatever the label, the purpose is identical, to prepare all participants for a constructive and informed conversation.
Who Writes a Mediation Brief and When
In professional practice, mediation briefs are typically drafted by the parties’ lawyers or mediation advocates.
The mediation brief should primarily address the mediator, not the opponent. It is not a legal argument, but an informative narrative.
Usually, mediation briefs are sent several days before the session, allowing mediators to study them carefully. Some mediators encourage exchange of briefs between parties, while others request a confidential version.
There are a shared brief, presenting key facts and desired outcomes; and a confidential brief, sharing candid thoughts or negotiation ranges only with the mediator.
What a Mediation Brief Should Cover
A professional mediation brief is concise, of length normally between 5 to 10 pages, and includes:
Case overview: what the dispute is about.
Background facts: key events, agreements, or obligations.
Issues in dispute: what remains unresolved.
Interests and priorities: what each party values most.
Previous negotiations: what has been offered or discussed.
Desired outcomes: possible settlement ideas.
Attachments: relevant documents or data.
As one said, a mediation brief should enlighten, not argue. It should show how the party’s position aligns with fairness and practicality, not just with law.
Mistakes to Avoid
There are times people misunderstand the purpose of mediation briefs. The errors include:
- Treating the brief like a court pleading or memorandum.
- Writing too long, too legalistic, or too emotional.
- Ignoring the mediator’s need for neutrality and balance.
- Failing to highlight underlying interests and human factors.
Remember that, a good mediation brief uses the tone of cooperative and credible, not combative nature.
AI and Mediation Briefs: The Intersection
In recent years, artificial intelligence (AI) have started to influence how legal professionals draft documents.
According to JAMS’ 2024 article “Revolutionizing Resolution: The Transformative Impact of AI on ADR” AI tools are beginning to support mediators and lawyers in tasks such as summarization, preparation, and procedural coordination, but it cannot replace the human capacity for empathy and judgement.
The Benefits of Using AI in Mediation Briefs
AI can serve as a useful assistant when preparing mediation briefs for the purpose to:
- structure sections logically,
- improve clarity and tone, and
- summarize lengthy documents or correspondence.
When used responsibly, AI allows writers to focus more on the human and strategic aspects of the dispute.
What Are The Drawbacks of Using AI?
There are, however, important cautions:
Loss of critical thinking: Over reliance on AI may weaken a writer’s ability to analyze facts, prioritize arguments, and exercise professional judgment.
Perception and credibility risks: Mediators or judges may view AI generated documents as impersonal, overly generic, or lacking sincerity, especially in a field like mediation where tone and empathy matter most.
Best Practices in Using AI Wisely
Writers of mediation briefs should view AI as a supporting assistant, not a substitute for their own insight.
- Keep the strategic, emotional, and interest framing parts fully human.
- Rely on local knowledge, cultural nuance, and empathy, things AI cannot replicate.
- Always verify and correct any AI generated content for potential errors or bias.
- Ultimately, every writer must make their own choice whether to use AI, but if they do, it should remain an assistant, not an author.
Overall, mediation advocacy lawyers are encouraged to treat the mediation brief as an opportunity to demonstrate:
- clarity in explaining complex facts,
- balance in tone, and
- creativity in proposing settlement options.
Whether written entirely by hand or supported by AI tools, what matters is thoughtfulness, how the brief reflects understanding, empathy, and professionalism.
About VEMC, a Mediation Center in Vietnam
Vietnam Effective Commercial Mediation Center (VEMC) is a a Non-Profit Organization that Promote Mediation as Alternative Dispute Resolution in Vietnam, Provide Training and Mediate Disputes. The idea of mediation is to offer a different way of handling disagreements as compared to litigation proceedings. At VEMC, we pride ourselves on having a team of highly qualified and experienced professionals dedicated to the vision and mission of the center. Contact us to exchange ideas for cooperation in dispute resolution, work with us, or request services.
Source: https://vietnamadr.com/mediation-briefs-their-role-how-to-write/
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