Preparing for Mediation
Preparing for Mediation
(Paperwork I need from you)
Good preparation helps mediation run smoothly and gives the best opportunity for settlement.
If Court Proceedings Have Not Started
If your dispute has not yet reached court, I will ask to see:
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Any letter before action or formal complaint;
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Any response received;
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Relevant tenancy agreements, contracts or notices;
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Key correspondence and supporting documents; and
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A brief summary of the dispute.
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You do not need to prepare a formal legal case. A clear explanation of the issues and the outcome you hope to achieve.
If Court Proceedings Have Started
Where proceedings are already underway, I will require:
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The claim and defence;
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Any witness statements or court orders;
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Key documents relevant to the dispute; and
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A short position statement
Where possible, it is helpful if the parties agree on which documents to provide. However, documents can be submitted separately if necessary.
Confidential Information
If there is information you would like me to know before the mediation but do not wish to share with the other party, you may provide it to me in confidence. Please make it clear that the information is confidential.
Before the Mediation
Take some time to consider:
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What outcome you would like to achieve;
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The strengths and risks of your position;
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Any evidence that supports your case; and
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What practical solutions may be acceptable.
Mediation is not about winning or losing. It is an opportunity to find a workable solution that avoids the cost, delay and uncertainty of continued litigation.
Please send any documents at least a few days before the mediation so that I have sufficient time to prepare.
Confidentiality
One of the key advantages of mediation is that the process is entirely private and confidential.
At the start of every mediation, all participants sign a Mediation Agreement that includes strict confidentiality provisions. This means that discussions during the mediation are conducted on a "without prejudice" basis and, if the dispute is not resolved, cannot generally be referred to or relied upon in any subsequent court proceedings. This allows parties to speak openly, explore options and make proposals without fear that their words will later be used against them in litigation.
Any private discussions between a party and the mediator will also remain confidential unless that party specifically authorises the sharing of the information with the other side. Importantly, mediation is a voluntary process. No party can be compelled to reach an agreement, and the mediator does not make decisions or impose outcomes.
A settlement only becomes legally binding if all parties agree to enter into and sign a written agreement. If no agreement is reached, the parties remain free to pursue their legal rights and remedies through the courts or other appropriate channels. Mediation therefore provides a safe, confidential environment in which parties can explore settlement while retaining full control over whether any resolution is agreed.
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