What needs to prepared before a mediation?

1. Read, agree and sign the NDR Agreement to Mediate which incorporates the NDR Mediation Procedure.

2. Arrange a place to hold the mediation. Check that this has a room for each party, that the rooms are out of earshot of each other and that there is one room which can seat all the parties. Arrange for refreshments. The parties are responsible for arranging the venue but NDR can help.

3. 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:
(a) A case summary of the dispute from the point of view of both parties. (This can
be in one agreed document or by individual documents. Only in exceptional cases need it be any longer than four pages.)
(b) Any court papers if the court proceedings have been started
(c) Any expert reports of relevance.
(d) Key documents to help the mediator understand the main points of the dispute.
(e) Any plans or photographs of relevance;
(f) Details of any offers to settle;
(g) Details of estimated legal costs up to the date of the mediation
(h) Details of estimated legal costs from the date of the mediation to the likely trial date.
The bundle should be with the mediator at least two days before the mediation.

4. Prepare for the negotiations at the mediation. Key questions are:
(a) What do you hope to achieve?
(b) How are you going to persuade the other side to move their position?
(c) Are there key documents or arguments that may persuade them?
(d) Do we have full authority to settle the dispute on the day, even if we have to concede more ground than we think we are likely to?
This preparation, which often involves detailed discussions between lawyers and clients, needs to be done before the mediation. It is too late on the day.

5. Let NDR or the Mediator know if you have any special needs, or access restrictions that may affect the logistics of the day. Let NDR 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.

6. Let NDR 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.

7. Arrange for appropriate interpreters or signers if these are necessary – and tell the Mediator that they will be attending.

8. Arrange a place to hold the mediation. Check that this has a room for each party, that the rooms are out of earshot of each other and that there is one room which can seat all the parties. Arrange for refreshments. The parties are responsible for arranging the venue but NDR or the Mediator can help.

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