CONFLICT RESOLUTION THROUGH MEDIATION

Mediation paperwork and pre-mediation calls:

Preparing for mediation can be stressful and time consuming, and of course, you want to get it right.

This guide walks you through what paperwork is and isn't needed and the all-important pre-mediation calls.

My aim is to offer the calm-before-the-calm for your upcoming super-productive conversation in your mediation.

Woman holding a mug, sitting on a sofa with a laptop and plants in a sunny room.

Mediation Bundles

Mediation bundles of less than 100 pages are encouraging because it suggests the participants are already narrowing the issues and focusing on what's important. Often bundles are more than 100 pages because the participants are so far apart they can't even agree on what to include.

If your bundle will be bulky, I need to receive it more than 7 days in advance to give it the attention the participants must believe it deserves.

I want to be fully prepared. I want to read your bundle. I'll try to read every page, but I can't promise to have read every single page in a 150+ page bundle that arrives with me six days before your mediation. I may need to discuss a supplemental fee if you need me to read a bundle of 250+ pages.

Mediation bundles are Without Prejudice. No document within the bundle can be referred to at any later Court proceedings (subject to the general rules of disclosure).

Please approach your mediation with preparing for a conversation at its heart. Just like a conversation, your Mediation Statement doesn't need to be perfect or read like a Court document. It's just your take on the dispute set out in a clear and concise way. Some of the best Mediation Statements seek to persuade the other party strategically on how you see things and why. It is also helpful to include any offers which have been made so far, why they were rejected and whether you are open to any solutions other than money.

A good Mediation Bundle includes these sections:

Any agreed statement of facts / summary of the non-contentious aspects of the dispute.
Pleadings or other essential court documents.
Any Witness Statements.
All the up to-date 'number' documents such as Estate accounts, Valuations, Bank Statements, Receipts, IHT filings etc.
Any offers, whether Without Prejudice, Part 36 or open, and any rejection of those offers.
Any agreed or suggested template of settlement clauses to aid drawing up any settlement agreement.

When to send your Mediation Statement and Sharing your Mediation Statement

Most Mediation statements are exchanged between the parties seven - three days before the mediation with me in copy.

Sometimes parties prefer to share Mediation Statements but keep some information back and share it will me only in a confidential note.

Occasionally parties can decide to only share a Mediation Statement with me, or not prepare one at all. It's your mediation, so you decide.

Mediation Steps

Mediation Statements

A Mediation Statement is an outline, or a pitch, setting out the dispute as you see it. Sometimes a 'Mediation Statements' is called a 'Position Statement' or 'Case Summary' but I prefer Mediation Statement because it helps set a more conversational tone. To me, a 'Position Statement' sounds combative, and a 'Case Summary' sounds like Court. Mediation is neither combative or a Court process.

Please approach your mediation with preparing for a conversation at its heart. Just like a conversation, your Mediation Statement doesn't need to be perfect or read like a Court document. It's just your take on the dispute set out in a clear and concise way. Some of the best Mediation Statements seek to persuade the other party strategically on how you see things and why. It is also helpful to include any offers which have been made so far, why they were rejected and whether you are open to any solutions other than money.

A good Mediation statement sets out:

What the key issues are.
What your position is on each of those issues.
What evidence supports your view.
Where you acknowledge your weaknesses.
Where you might be willing to compromise.
Reaffirms you are open to finding a way forward.

When to send your Mediation Statement and Sharing your Mediation Statement

Most Mediation statements are exchanged between the parties seven - three days before the mediation with me in copy.

Sometimes parties prefer to share Mediation Statements but keep some information back and share it will me only in a confidential note.

Occasionally parties can decide to only share a Mediation Statement with me, or not prepare one at all. It's your mediation, so you decide.

Mediation Steps

Pre-Mediation Calls

I offer a pre-mediation confidential chat with each party (and their lawyer if they wish) before the mediation. These calls are focused on each party's goals, concerns and ensuring all practicalities and logistics are covered before the mediation day.

These calls help me understand each parties perspective and to tailor the day as far as possible to achieve what both parties are hoping for. They're also a chance to ask questions and get comfortable with the process.

When to book your pre-mediation call

I will seek availability from you once the Mediation is booked in. I find pre-mediation calls work best when conducted a week or less prior to the Mediation.

Book Online