6 Tips if this is your first mediation


  1. Know your case thoroughly, especially the weak points as the mediator is going to test you on those.
  2. What would you like to know about the opposition's case? Think of  questions you would like the mediator to put to the opposition to make them realise their case isn't as strong as they believe.
  3. What are you going to include in your position statement? It isn't a pleading so just tell the mediator the facts which you think are relevant. Think about any points you wish to emphasise to the opposition which either their solicitor is missing or you want to emphasise directly to them.
  4. Reflect on what you want to say in your Opening Statement. Don't just recite the facts of the case - think about the points you want  to emphasise to the opposition.
  5. Work out with your client/yourself, the costs of the litigation so it doesn't come as a surprise to them or you in the litigation.
  6. Have some idea of the terms of settlement you might want to incorporate into the Settlement Agreement.