Letter to client—what happens at a mediation and preparing for it
Letter to client—what happens at a mediation and preparing for it

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

  • Letter to client—what happens at a mediation and preparing for it
  • [Steps in a typical mediation
  • A detailed account of stages in the mediation
  • Preparing for the mediation
  • Attendees
  • Case summary and supporting documents
  • The opening presentation
  • Preparing for the negotiations: strengths and weaknesses of your case
  • Costs of the mediation
  • Way forward

PRIVATE & CONFIDENTIAL

[Insert name and address of client]

[Insert date]

Dear [Insert name of client]

[insert case heading]

This letter sets out a summary of what you can expect to happen at the mediation of the above case which will take place on [insert date]. It also covers what steps we have to take now to prepare for the mediation.

I confirm that the following arrangements have been agreed so far: [complete as appropriate. ]

The mediator:

[The pupil mediator:] [some mediation organisers such as CEDR provide a pupil mediator on an expenses only basis]

The venue:

Length of mediation:

Terms of mediation agreement:

Date for exchange of case summaries:

Arrangements for preparation of supporting documentation:

Attendees at mediation:

[Steps in a typical mediation

Mediation is a flexible process and not fixed by any procedural rules like litigation. The stages in a mediation will depend upon the nature of the dispute, the style and experience of the mediator, the approach of the parties and what works on the day. In broad terms, mediations follow this basic structure:

1. the mediator introduces himself/herself in the private rooms of the parties.

2. the mediator calls a meeting of all the parties and their advisers to: establish the ground rules of the mediation, clarify the mediation process, run through the key points of