Top Tips for Preparing for a Mediation

Whilst every mediation is different there is a general structure that draws the process together. The following tips align with this structure and are based upon a commercial dispute.

1. Read the Mediator’s briefing notes

Most mediators will speak to those attending the mediation beforehand and provide an outline of the day as well as details of any papers that it would be helpful to provide beforehand. There is usually a deadline for providing any documents and it helps to ensure that the Mediator has all the information requested.

2. Check the Mediation Venue directions and parking

Coming up to settling your dispute at mediation can be stressful enough and therefore providing yourself with all the information as to how to reach the venue for the mediation and where to park is something you can control and that can ease the pressure on the day. Prepare for a long day – if using a pay and display car park, it can be helpful to pay for the full day rather than have to rush back to put in more money or worse, forget and end up with a parking ticket. If there are closing times for the car park, take a photo on the phone and add a reminder before leaving the car park so you can retrieve your car at the end of the day. There is nothing worse than being thrilled to have settled your dispute only to find that the lateness of the hour means your car is locked in a car park!

3. Make arrangements for business and family commitments to have support throughout the day without you

This isn’t always possible, but you have a chance to resolve a dispute that has the potential of running on into the future if unresolved. Committing to and investing time on the day of the mediation could be key to resolving the dispute, which has the potential to impact upon time and money in the future if it continues. This may mean that you have to make arrangements for children to be collected by a family member or friend or for extra cover at the office and in your business. By reducing your commitments on the day and therefore enabling your focus to remain on the task in hand can make all the difference.

4. Prepare a Case Summary and Opening Statement

You may be asked to make an opening statement in a joint mediation meeting. If so, this can be read out and therefore can be prepared beforehand if you wish. It can you the opportunity to focus upon what is important to you and also ensure that you do not miss anything out or show your determination and resolution in the dispute. Please refer to our previous Blog on how to prepare an opening statement.

5. Risk assess your case and have a negotiation plan

There are always risks with even the most certain of cases. If you cannot see the risks in the evidence, you will inevitably be facing a loss of management time and costs – both of which are worth avoiding. Reviewing your best and worst case scenarios, as well as understand what your best and worst alternatives to a negotiated outcome are, will provide you with insight and information as to what you want to achieve at mediation and your parameters for settlement. Preparing these beforehand will enable you to focus on the day on your goals and objectives and also balance any new information that comes to light during the mediation with the background information you already know.

6. Ensure you have or have access to all the information you need

It is important to take along to the mediation all the information or documents that you believe will assist you in presenting your position. These may or may not be used, however having them available will ensure that you are ready should anything be needed.

Occasionally the unexpected happens at a mediation and at those times it can be helpful to have someone at the end of the phone to access any additional information or expertise. If possible, have that person on call should you need them. It could be an accountant if there are financial matters to discuss or even an expert that can provide opinion or comment on information you have received so you can make an informed decision. Having at least a couple of telephone numbers for any such contact as back up ensures that your support network and team can produce any further details required enabling you to concentrate on the matters at hand and access advice should you need it.

7. Take refreshments

It can be a long day and refreshments are generally available. However this is not always the case, so going prepared with food and drink or change to enable you to buy something to keep you going during a long day will be key to keeping your energy levels up and to sharpen your concentration. There can be quite a bit of waiting around and whilst you are likely to have tasks to consider during these times, taking along something to read or do could be helpful.

8. Organise Arrival times

If you really do not wish to meet the other party in the dispute as you are arriving at your venue and being directed to your private meeting space, speak with the mediator to agree different arrival times.

For further advice and assistance please contact our Private Client Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk