Mediation

Preparing for Mediation: What to Bring and What to Expect

A little preparation makes a settlement far more likely.

What mediation is

Mediation is a confidential meeting where a neutral mediator helps the parties settle their dispute themselves. The mediator does not decide who is right and cannot impose an outcome. Nothing is binding unless both sides sign a written settlement agreement.

Most mediations take one day. Many disputes settle on the day, and others settle shortly afterwards using the progress made

What to bring

  • The person with authority to settle. If that is not you, they must attend or be reachable by phone all day.
  • Key documents: the contract, important correspondence, invoices and any expert reports. Bring copies, not originals.
  • Your figures: what you are claiming or disputing, how it is calculated, and your legal costs to date and to trial.
  • Your settlement range: your best outcome, a realistic outcome, and the point where you would walk away. Agree this with your lawyer beforehand.
  • Non-money terms that matter to you, such as an apology, a reference, payment by instalments or confidentiality.
  • Practical items: a laptop or notepad, phone charger, any medication, and something to read during waiting periods.
  • Time and patience. Keep the whole day free, as sessions often run into the evening.

What to expect on the day

  1. Arrival. Each side has its own room. You will usually sign a mediation agreement that confirms the process is confidential.
  2. Joint opening session (optional). The mediator explains the ground rules. Each side, usually through its lawyer, may briefly outline its position. Some mediations skip this and go straight to private sessions.
  3. Private sessions. The mediator moves between the rooms, testing each side’s case and exploring what would resolve it. Anything you say here stays confidential unless you allow the mediator to pass it on.
  4. Offers and counter-offers. Proposals go back and forth through the mediator. Expect long waits while the other side considers, as this is normal.
  5. Outcome. If you reach a deal, the lawyers write up and sign a settlement agreement before you leave. If not, the matter continues, and you can often keep talking afterwards.

Tips for a productive day

  • Keep an open mind. Listen to the mediator’s view of the risks, even when it is uncomfortable.
  • Focus on interests, not only positions. Think about what you need, not just what you are owed.
  • Weigh the cost of not settling: legal fees, time, stress and the uncertainty of a court decision.
  • Don’t make your best offer first, and don’t walk out early. Most progress happens late in the day.
  • Ask for a break whenever you need one to think or talk privately with your lawyer.

What is said in mediation is generally confidential and cannot be used later in court. Ask your lawyer if you have specific concerns about this.

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