Documents

Parties or their lawyers are required to provide the mediator with the following documents at least three days prior to mediation:

• chronology
• brief factual summary
• summary of issues agreed, and in dispute
• statement of position

These documents should not exceed eight pages in total for each party, without prior discussion with the mediator.

Affidavits are not usually required.

Exhibits

The use of exhibits (such as valuations) are to be discussed with the mediator, prior to mediation. In most circumstances, a summary of what an exhibit says will suffice eg: the actual value assigned by the valuer, rather than the entire valuation.

Before Mediation: Considerations & Tips

Before mediation consider your best & worst case scenarios if the dispute doesn’t settle. Remember these may change during the mediation depending on what is heard and/or learned.

Also consider what the other side’s worst case and best case scenarios are if it doesn’t settle at mediation. This will enable you to work out the widest parameters of a potential settlement.

Give consideration to what is really important to you on the day, be that financial/personal/other. Likewise, give consideration to what is likely to be most important to the other side. This is helpful when it comes to formulating and packaging offers. Think laterally. Money, for example, will not always be the driver.

Try and predict what points you are likely to get stuck on. Think about how you are going to deal with these road blocks, and still be able to settle.

Be assured that the mediator will assist with all of these issues during the mediation.

It is helpful to have the bare bones of the settlement agreement prepared in advance, with names and background facts. Drafting settlement agreements from scratch at the end of a long day can become an unwelcome chore for parties and/or their representatives.