Mediation before a civil hearing

Civil mediation is a negotiation assisted by an independent mediator. It does not require the mediator to decide which party would win at trial, so preparation should focus on workable settlement choices as well as legal arguments. ^[1]

Prepare authority and realistic options

Know the disputed amount, evidence strengths and the cost of continuing. Decide who can approve a settlement and what flexibility exists on payment timing, costs or non-financial terms. Have the essential documents available without expecting the mediator to read an unfiltered case archive.

For claims referred to the HMCTS small-claims service, follow the court's participation instructions. Required attendance does not mean a party must agree to settle.

Make any agreement usable

Specify the amount, payer, recipient, dates and treatment of the proceedings. Address what happens if instalments are missed and whether the settlement releases all claims or only defined issues. Ask how the agreement will be recorded and enforced.

Payment-plan drafting helps avoid ambiguous promises. Settlement offers can operate outside mediation too, with different procedural effects. Continue observing court directions unless they are changed through the proper process; arranging a mediation date does not itself cancel a hearing requirement.

Prepare a concise account the mediator can use Reduce the case to the transaction, the disagreement and the outcome sought. Include the amount in dispute and explain any important non-financial concern, such as recovering equipment or obtaining a corrected account statement. A mediator needs to understand what prevents agreement, not every allegation made during the relationship. Keep the key supporting records close at hand so a factual question can be answered promptly. Prepare an accurate account of the other side's position as well, even where you consider it mistaken.

Identify which uncertainty most affects your willingness to settle. It might be whether a witness will attend, whether a repair estimate is reliable or whether payment can be obtained after judgment. Consider what information would reduce that uncertainty and whether it can be exchanged beforehand. Do not assume that mediation must reproduce the hearing in miniature. A useful preparation note distinguishes facts you can demonstrate, points requiring legal assessment and practical concerns that a negotiated arrangement could address without deciding every contested allegation.

Set authority before the appointment begins For a company or other organisation, establish who can approve the final terms and whether that person will attend or remain immediately available. A representative who can discuss figures but cannot authorise a compromise may be unable to use a short appointment effectively. Record any necessary internal approval process in advance. Think beyond the amount: payment timing, treatment of costs, return of property and the scope of a release may each require authority from a different part of the organisation.

Prepare a range of workable arrangements rather than a single demand with no explanation. For instance, a smaller prompt payment may serve a different commercial purpose from the full amount over several months. Check whether proposed dates fit real cash availability and whether a non-monetary promise can be performed by the person making it. Keep internal limits separate from information you wish to communicate. The point of preparing options is to respond thoughtfully as the discussion develops, not to commit to every concession in the opening conversation.

Make participation practical and accessible Read the appointment notice and confirm the telephone number, timing and any instructions about who may join. Arrange a quiet space and access to the relevant papers, with a way to take notes and receive calls reliably. If a trusted person or adviser will assist, agree their role beforehand. Contact the service early about disability-related support, vulnerability or another participation difficulty. HMCTS guidance explains the arrangements for its telephone mediation service and the need to raise support requirements before the appointment. [1]

Where attendance is required, take the obligation seriously even if an agreement appears unlikely. Explain a genuine problem with attending through the appropriate channel instead of simply missing the appointment. Participation and agreeing terms are different matters: you can engage with the discussion while declining an outcome you cannot accept. Ask the mediator to clarify anything you have not understood. Avoid treating silence as assent or agreeing under the mistaken belief that refusing a particular proposal necessarily amounts to refusing the process itself. ^[1]

Check the proposed bargain before accepting it During the discussion, write down the actual terms being proposed rather than relying on memory of the latest figure. Check whether the amount includes interest and costs, when each obligation falls due and which dispute will end. If return of goods accompanies payment, identify the sequence and practical collection arrangements. Ask for unclear wording to be explained before agreeing. HMCTS mediation can produce a binding agreement during the appointment, with its terms recorded afterwards, so a participant should not assume that nothing counts until a later signature. [1]

Afterwards, retain the recorded agreement and give the people responsible for performance the instructions they need. If no agreement is reached, identify the next court requirement and continue preparing for it. Keep mediation discussions separate from the evidence intended for the hearing and follow the applicable confidentiality rules. Do not add negotiation details to a witness account merely to portray the other party as unreasonable. The practical value of the appointment may include narrowing a point or testing an option, even when the case still requires a judicial decision.