What to include in a mediation bundle

A mediation bundle should make decisive documents easy to find during negotiations. Preparation guidance from CEDR emphasises readiness for the meeting; the bundle's purpose is to support that discussion. ^[1]

Build around the disputed issues Include the operative agreement, relevant variations, core correspondence and a current calculation. Add technical reports only where they bear on an issue to be negotiated. Remove exact duplicate copies while retaining materially different versions.

Use continuous page numbers and a brief index. Test that electronic links work and that scanned text is readable. Keep original files separately; the working bundle need not replace your complete evidence archive.

Agree the sharing arrangements Confirm whether both parties will use one bundle and when it should be delivered. Label disputed documents without pretending they are agreed facts. Review privileged advice and unrelated personal information before sharing.

Maintain a separate location for material intended only for the mediator. Cross-reference the bundle from the position statement and preserve original emails and messages where authenticity or missing context may later matter. Late additions should have clear version names so everyone discusses the same page.

Decide what each included document contributes Start with the issues the parties expect to discuss. For each proposed document, identify the point it helps explain or the question it may answer. The operative contract, an agreed variation and a disputed delivery record may all serve different functions. A document should not be included merely because it exists in the case folder. This selection exercise makes the bundle more usable while preserving the complete underlying archive separately for legal and evidential purposes.

Check whether a short extract would hide material context. An email may depend on the preceding exchange; a technical conclusion may rely on assumptions elsewhere in a report. Include sufficient surrounding material for a fair understanding and identify any extract transparently. Remove exact duplicates from the working set, but retain versions with meaningful differences where those differences matter. A reduced page count is helpful only if it does not produce a misleading account of what the documents actually show.

Make the navigation work under meeting conditions Use a clear index and consistent page numbering across the bundle. Describe documents in a neutral way that makes them identifiable without suggesting that a contested interpretation has been agreed. Check dates, titles and the order of related records. Participants should be able to locate an item from the reference used in the position statement. Where a document has its own internal numbering, explain how that relates to the bundle pages so references remain understandable during a fast-moving discussion.

Test an electronic bundle on the equipment likely to be used. Confirm that scans are readable, pages are correctly oriented and links lead to the intended destination. Searchable text can help navigation, but automated recognition may misread a figure or name; check important passages visually against the source. Consider whether a participant needs an accessible format or a printed copy. These checks are practical preparation, not proof of authenticity, and should not alter the preserved original records from which the bundle was assembled.

Review sharing before distributing the pack Identify the material intended for all participants and keep any separately agreed confidential communication outside that set. Have potentially privileged advice and unrelated personal information reviewed before disclosure. Do not assume that sending a document to the mediator makes all later questions about its use disappear. The mediation agreement, the nature of the material and applicable legal rules may each matter. Ask the adviser about uncertainty before circulation, especially where the bundle includes information obtained for another purpose or belonging to another organisation.

Agree the delivery method, recipients and timetable with the relevant participants. If one shared bundle is proposed, clarify who assembles it and how additions or objections will be handled. A shared working file does not automatically mean that every document or asserted fact is agreed. Label the status of contested material accurately where needed. Keep proof of the version supplied and check that recipients can open it, rather than learning during the meeting that a file was incomplete, inaccessible or sent through an unsuitable channel.

Control late additions without losing the common reference When a new document arrives, assess its relevance and the appropriate way to introduce it. Avoid inserting pages into an already numbered bundle without explaining the resulting changes. A short supplementary bundle may be easier to manage, depending on the agreed process. Give the new material an identifiable version and tell participants which references apply. CEDR's preparation guidance supports having usable information ready; the detailed document arrangements should be adapted to this mediation and the participants' needs. [1]

Retain the final working bundle alongside the index, circulation record and any supplement. Keep it distinguishable from the original evidence archive and from private preparation notes. If a negotiation turns on a document's completeness or provenance, refer back to the preserved source rather than treating a compiled PDF as the only record. After the meeting, note which version was used. That simple record can prevent confusion when advisers later review a proposed settlement or reconstruct why a particular issue remained unresolved.