Define the purpose of the preparation
Commercial mediation preparation should help your decision makers understand the dispute and the choices they may face. Tell us the mediation date, parties, subject matter and professionals already involved. Yudey can organise a focused enquiry and preparation file. We do not imply that a mediator, legal representative or settlement adviser has been appointed simply because the preparation request is accepted.
Government guidance describes mediation as a process in which an independent mediator helps parties explore resolution. [1] The mediator's role differs from deciding a case as a judge. The arrangements, participation requirements and legal questions must be checked for the actual dispute. This page is framed for England and Wales, with other jurisdictions requiring separately confirmed scope.
Build a concise and balanced evidence file
The preparation can organise a chronology, contract documents and a limited set of important records. Each item should have a clear label and purpose. A mediator and adviser should be able to locate the evidence behind a disputed event without searching repeated attachments. Keep the originals available, and distinguish agreed facts from allegations or later recollections.
Include adverse material and the other party's stated position. A file that only repeats your strongest points may leave the decision makers unprepared for questions. We can record missing documents and matters requiring professional assessment. The coordinator does not determine evidential weight, certify the merits or remove relevant context to make a position statement sound more certain.
Prepare instructions for the position statement
A useful brief identifies the dispute, principal issues, outcome sought and practical barriers to agreement. The responsible adviser should decide the legal content and any treatment of sensitive material. If drafting assistance is accepted, the scope should specify who reviews and approves the text. Preparation does not authorise circulation to the mediator or another party without agreed instructions.
Financial figures should be reconciled before they become negotiation anchors. Separate principal, interest, costs and contingent estimates, and explain the basis of each. The professional assesses legal entitlement and settlement consequences. We do not describe a disputed amount as proved merely because it appears in a calculation, or promise that all expenditure will be recoverable if the matter continues.
Clarify authority and practical options
Identify who will attend, who can approve terms and whether a board, insurer, funder or another person must be consulted. Record any limits on authority and the method for obtaining further decisions during the meeting. A participant's job title should not be treated as proof that they may bind every relevant person or company to a settlement.
Your private preparation can consider payment timing, continuing supply, confidentiality, return of property or other practical terms relevant to the case. These are options for assessment, not instructions to concede them. The adviser should address legal effect, enforceability and any tax or specialist questions. The file should distinguish a preferred outcome from the minimum terms actually authorised.
Plan the day and the follow-through
Confirm attendance arrangements, accessible document formats and a way to consult decision makers privately. The engagement should identify responsibility for note-taking and handling proposed settlement wording. Confidentiality and privilege questions depend on the circumstances and agreed arrangements; we do not guarantee protection merely because a document has been labelled for mediation or stored in a separate folder.
Request a quotation with the mediation date, document volume and requested outputs. Fees are stated in GBP with applicable VAT and separate professional charges identified. An accepted pack can include the evidence index, briefing and authority checklist. Any settlement requires proper review and authorisation. Preparation improves readiness but cannot guarantee agreement, a particular concession or the conclusion of the wider dispute.
Official information behind this service
Sources checked on 8 September 2026. Use the linked guidance for subsequent changes.