Mediation Guidance
For CEDR Solve's guidance on documents, click
CEDR's Advice
The following additional guidance is supplied by
Richard Butler for his mediations.
All I would add to CEDR's advice is:
- I usually find that if the case is already pleaded,
the statements of case give me a good understanding
of the principal issues without needing this to be
repeated at length in specially prepared submissions.
- A detailed understanding of all previous without
prejudice negotiations plus copies of any Part 36
Offers and responses to them and any payments into
court is very important.
- Frequently mediation bundles include quite a lot of
unnecessary material – evidence which will be important
at trial for painting a full picture to a decider of fact,
but which does not really need to be considered in advance
by a mediator.
- Sometimes mediation bundles and submissions are very light
on quantum materials. I would always want to know in advance
how the full quantum of any money claim is built up and, on
the day, what the costs of each party to the end of the
mediation day are, plus anticipated further costs to trial.
