mediation checklist ...
4. Statements of Case
Note that these comments reflect the preferences of Consensus Mediation
Keep it concise - limit it to one lever arch file including appendices. You may have to pay more if the mediator has to do extra reading!
Include a chronology if appropriate.
Include case law only if truly relevant.
Include copies of important documents, and cross reference your statement to them.
If appropriate prepare an annotated index of the documents.
Prepare a separate section for the confidential use of the mediator. This should set out your objective analysis of the strengths and weaknesses of your case, and the other parties' cases.
The statement NOT a pleading - the parties already know the legal arguments, and the mediator can read the pleadings. The statement should set out the issues, not just the legal ones, that are important to you.
It may include 'soft' items, such as the need for an apology or acknowledgment of some sort, or other things that a court could not order.
Serve the non-confidential section on the other parties by the time agreed in the Agreement to Mediate.
Avoid (deliberately) late service of documents - it is more likely to jeopardise the Mediation than provide you with an advantage - the other parties may consider that you are not acting in good faith.
Serve the non-confidential section AND the confidential section on the Mediator by the time agreed in the Agreement to Mediate.
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