Mediation—case summary and supporting documents
Mediation—case summary and supporting documents

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Mediation—case summary and supporting documents
  • Case summary for mediation
  • Exchange and timing
  • Supporting documents (the mediation bundle)
  • Privileged documents
  • Confidential statement for mediator only
  • Special rules for cross-border mediations

In readiness for the mediation, it is usual for the parties to prepare a number of documents which are to be provided to the mediator (and all parties) prior to the mediation in accordance with the timetable agreed between the parties. This includes where the mediation is to take place remotely (online) via video conference, where it is crucial to ensure that all the documents are properly prepared in advance and organised so that they can be shared and viewed during the mediation. For further guidance, see the following Checklist and related guidance: Remote access mediation—checklist.

It is common for the parties to prepare a case summary to assist the mediator and to focus the mediation. The case summary may be complemented by supporting documents which are controlled by the mediation agreement, see Practice Note: Choosing a mediator—Mediators and the mediation agreement.

Case summary for mediation

Each party will prepare their own case summary prior to the start of the mediation. This summary should:

  1. provide the mediator with an overview of the issues in the case and where any negotiations have got to

  2. set out your case in the best light for the other party to consider

You should concentrate on clarity and brevity. The case summary is not the place to go through all the complex legal and factual issues of the case. The case summary should

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