Preparing for a Mediation
Practical steps
The first step towards mediation is to send a mediation appointment request to ResoLex via email or fax. Following receipt of the request ResoLex will make a recommendation of the most suitable mediator for the dispute. The appointment of the mediator, selection of venue and date will be facilitated by the ResoLex administration team.
The administration team will then collate materials from all parties and distribute no later than 10 days prior to the mediation date. Parties will normally be contacted by the mediator for an initial conversation over the phone in the ten days prior to the mediation date.
Personal preparation
It is important to prepare mentally for mediation as well as preparing physical evidence. The purpose of the mediation is to use negotiation to find the common ground that will lead to the resolution of the dispute.
Mental preparation
Within your organisation, discuss the potential outcomes of the mediation including best and worst case scenarios. Whilst thinking about and discussing the mediation, focus on your commercial needs rather than your perceived rights. Here are some key points worth considering:
- Is it important to maintain a good working relationship with the other party?
- How much can we afford to spend in resolving this issue?
- How long is it practical for this issue to continue unresolved?
- Is it important that this issue remains confidential?
Having thought about and discussed the points above it will now be very useful to repeat the exercise from the point of view of the other party.
Document preparation
Each party should produce a position statement and a 'mediation bundle'.
The position statement should be a short skeletal summary and contain:
- a description of the business
- how the relationship with the other party came about
- how the dispute arose, including details of relevant contracts
- a brief chronology of relevant events
- the issues involved, including:
- summary of factual issues
- summary of legal issues
- any relevant issues already agreed upon
- an outline of proceedings, if commenced
- costs spent so far.
The mediation bundle should also be concise but should, where applicable, contain:
- Real or demonstrative evidence i.e. the physical item, charts, pictures or models
- Statements by witnesses
- Third party documents i.e. business records, invoices, other papers prepared by outside parties
- Expert opinion reports.
