Preparing a mediation position statement

A mediation position statement should help the reader understand the disagreement and possible routes to settlement. CEDR's preparation guidance supports planning for the discussion rather than treating the meeting as an improvised argument. ^[1]

Explain the dispute in a few decisions Set out the contract, central events and main points that remain disputed. Use a short loss calculation with assumptions clearly labelled. Refer to important documents by bundle page instead of reproducing long email chains.

Distinguish established facts from allegations and contested legal propositions. Acknowledge the issue the other party considers decisive, even where you reject its interpretation. This helps the mediator locate the actual gap between the parties.

Control what is shared and when Confirm whether the statement will be exchanged or sent privately to the mediator. Put confidential negotiating limits in an appropriately restricted communication, not inadvertently in a document everyone receives.

End with the practical matters that need resolving: payment, delivery, releases or an ongoing relationship. Align the statement with the mediation bundle and any non-financial settlement terms so the meeting has usable options as well as competing accounts.

Choose the reader and purpose of each document Confirm who will receive the statement and what the mediator has requested. An exchanged account of the dispute serves a different purpose from a confidential briefing about settlement concerns. Decide the intended audience before drafting, so restricted material does not enter a document that is routinely circulated. Ask the legal adviser how communications should be labelled and handled. A label alone does not resolve every question about privilege, confidentiality or later use, but clear distribution arrangements can prevent an avoidable practical mistake.

Write for a reader who needs to understand the matter efficiently. Introduce the parties through their roles in the transaction and explain the contract or event that connects them. Identify the decision or performance in dispute before describing the history. The reader should not have to infer the central issue from a long chronology. Use defined terms sparingly and explain necessary technical language. Precision is more persuasive than repeated expressions of outrage, especially where the mediator must identify the practical reasons the parties have not reached agreement.

Link contested propositions to usable evidence Select the events that explain the disagreement and refer to the documents supporting them. Distinguish an agreed date from a disputed conversation and a contemporaneous record from a later recollection. If an important document is missing, say what is missing and why it matters. Do not fill the gap with an assertion that sounds certain but cannot be supported. An accurate statement of uncertainty can help the mediator identify a useful question or an information exchange needed before a proposal can be assessed.

Give calculations a clear basis. Explain the period, principal figures and assumptions behind a claimed loss or unpaid balance, with a reference to a separate schedule where necessary. Identify items still being checked and avoid counting the same alleged loss under several headings without explanation. Consider how the other party calculates the issue, even if its approach is rejected. Setting out the competing methods can make a negotiation more productive than presenting two unexplained totals and leaving the mediator to reconstruct the difference.

Present the other side's central point fairly Identify the argument that appears most important to the other party and describe your response accurately. This does not require conceding a contested proposition. It helps demonstrate that the statement addresses the real dispute rather than a weaker argument nobody is advancing. Refer to the relevant correspondence or pleading where appropriate. If the other party's position is unclear, formulate the question that needs an answer. Avoid attributing motives where the available evidence supports only a disagreement about events or obligations.

Separate legal analysis from practical settlement concerns. A party may maintain its legal position while recognising that a particular delivery arrangement, payment sequence or continuing dependency needs attention. Explain those matters without treating a negotiating possibility as an agreed concession. CEDR's preparation guidance supports arriving ready for a structured discussion; the detailed choices in a statement should still reflect this dispute and the advice received. The document should give the mediator something concrete to work with beyond a request that the other side abandon its case. ^[1]

Review the statement as part of the complete mediation pack Check names, dates, arithmetic and references against the final bundle. Remove an obsolete paragraph if the underlying position has changed and make sure incorporated schedules are the versions intended for use. Read the statement without the rest of the file to see whether its central issue is understandable. Then check it alongside the bundle to confirm that the evidence can actually be located. An otherwise helpful statement loses value when references point to the wrong document or a calculation no longer matches the current claim.

Obtain the necessary internal and legal approval before circulation. Keep the approved version and a record of its recipients, separating it from drafts and private notes. If important information emerges later, discuss how to provide an accurate update rather than silently replacing a circulated document. The statement is a preparation tool, not a script that prevents participants from listening during the meeting. Its success lies in helping the parties understand the issues and assess options using a clear and reliable account.