mediation checklist ...

4. Statements of Case

Note that these comments reflect the preferences of Consensus Mediation

• Keep your statement concise - limit it to half a dozen pages or so.
  
  
• The supporting bundle, agreed if possible, should be limited to one lever arch file. Paginate the bundle and refer to page numbers in your statement as appopriate.
  
  
• Use names or initials if possible, rather than e.g. "The Claimant" or "The Part 20 Defendant". Names are much easier to follow.
  
  
• Explain the case as if you were talking to a non-lawyer. Set out the background briefly, then how the dispute arose.
  
  
• Explain how far through the litigation process you are, and any settlement offers that may have been made.
  
  
• The statement is 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 and your client.
  
  
• If relevant, include 'soft' items, such as the need for an apology or acknowledgment of some sort, or other things that a court could not order. Is an ongoing relationship important, could there be business in future?
  
  
• If you wish, 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.
  
  
• Include concessions your client might be willing to make, and say if they are dependent upon concessions from the other party.
  
  
• Include a chronology if appropriate.
  
  
• Include case law only if truly relevant.

« Formalities      |      Prepare your client »