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How do I prepare for a mediation

  • Pick a good mediator
  • Attend the preliminary conference by telephone (or in person) so that you can understand the steps involved in the mediation.
  • Execute a mediation agreement which contains, amongst other things, a confidentiality undertaking.
  • Determine who is attending the mediation.
  • Ensure that the people attending the mediation have authority to settle.
  • Ensure that each person attending the mediation (or receiving a position paper) has signed a confidentiality agreement.
  • Prepare your position paper. This document should be short and simple - you may need legal help for this.
  • Exchange any appropriate expert reports before the mediation
  • Ensure that you understand the key strengths and weaknesses of your case.
  • Ensure that your understand your settlement options
  • Ensure that you fully understand the process post mediation in terms of costs, risks and inconvenience.

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