How to prepare for Mediation

What needs to be prepared before the mediation

Once you have selected the mediator and fixed a date for the mediation you will need to:

  • Agree and sign the Agreement to Mediate.
  • Arrange a place to hold the mediation. You will need a room for each party, and one of the rooms will need to be able to seat all the parties. Arrange for refreshments. Whilst the parties are responsible for arranging the venue NWMS can help you find an appropriate venue. 
  • Prepare a Mediation Bundle. This is a bundle of key documents about the dispute. It should be agreed with the other party or parties to the dispute and it should ordinarily contain:
      • The pleadings if the court proceedings have been started
      • Any expert reports.
      • Key documents to help the mediator understand the main points of the dispute.
      • Any plans or photographs;
  • Aim to have the bundle be with the mediator a week before the mediation and at least two days before the mediation.
  • Prepare for the negotiations at the mediation.

Key points to ask yourself are:

  1. What do you want to achieve? What are you prepared to give up?
  2. How are you going to persuade the other side to move their position?
  3. Are there any arguments that may persuade them?
  4. Do you have full authority to settle the dispute on the day?

Let NWMS or the Mediator know at least two days before the mediation who is attending: you will need to get your opponent’s agreement if you intend to bring someone who is not a party, client, or professional adviser to the mediation because of the confidential nature of the day.