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Preparing the Position Statement

Document Cited in Related
Vincent
AuthorStephen Walker/David Smith
Pages215-217
Appendix 3

Preparing the Position Statement1

Before mediation, the mediator will want to know some details about the case. He will not want or need to know about every single aspect, however gaining an insight into the facts, the issues and the interests of those involved will be key in helping to make the mediation progress effectively.

This document is a guide/checklist to help you to prepare your position statement. If you are unclear as to whether something is relevant and should be included, please discuss the matter with the mediator or with one of ADR Group’s mediation advisers.

General

• The parties’ names.

• Solicitors’ details.

• Names and titles/positions of the attendees.

• Date and location of the mediation.

Case summary

• Describe concisely the background to the case ensuring that the issues of liability and quantum are clearly set out. A list of the issues and/or a chronology of the key events is often helpful to the mediator.

• What are the key issues?

• What are the unique features that the mediator ought to be aware of?

• Have any negotiations taken place?

• Have there been any without prejudice offers?

• Have there been any admissions or changes since the close of pleadings?

• What do you/does your client hope to achieve by the end of the mediation?

1Reproduced by kind permission of ADR Group (www.adrgroup.co.uk).

216 Advising and Representing Clients at Mediation

Your opponent’s position

• Please provide a short synopsis of what you believe your opponent’s position to be.

• What do you think they hope to achieve at the end of the mediation?

Documents

• There are no formal rules of disclosure and the mediator only requires, prior to the mediation, sight of those documents that will enable him to formulate an understanding of the case and the respective issues involved.

• If there is a fundamental aspect to the claim which can only be explained by way of a document then please enclose this with the position statement.

• If a document is to be relied upon at the mediation, please make sure that it is available on the day.

• Where legal proceedings have commenced please...

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