How do I prepare for a mediation?

The mediator will help guide you in preparation for your mediation, but the key point is to prepare for how you will actively take part in a settlement discussion with the other party.

Before the mediation, the mediator will have a pre-mediation conversation with each party where they will discuss the best way to prepare for a mediation.

There are a number of things that you can do to prepare effectively for a mediation.

Firstly, think about taking part in the day and make sure that you have got the whole day free and that you do not have other work or personal distractions which will stop you taking part effectively. It is a good idea not to schedule a mediation the day before or after any other big meeting/event.

It is also useful to think about who should attend the mediation and whether you need support from a lawyer, business partner and/or friend. During the mediation you will discuss your case and options for settlement, so you will need to be able to do this effectively.

Secondly, you need to think about any documents and information that needs to be shared with the mediator and other party before the case. Normally, parties will share some documents with each other setting out their perspective on the case and how they are approaching the mediation along with supporting information. The mediator will also discuss your case with you. The most important points for a mediator are to understand what the case is about, if there have been any attempts to settle the case before the mediation and what the next steps are if the case does not settle.

Finally, it is worth thinking about what potential offers you may be able to make at the mediation before the mediation day, as well as think about the other side’s position. You may need to be flexible on the day of the mediation and it is useful therefore to think about what your negotiation strategy is prior to the day. If there are practicalities to something you might offer, it can be helpful to think about this before the day.

The mediator will discuss all of these issues in the Mediation Pre-Call prior to the mediation.