Many people entering into their first mediation often wonder what they need to bring.
It might be tempting for young barristers and inexperienced clients to bring the entire case file, ‘just in case’. Sometimes, everything – every document – seems important. However, it’s important to remember that the mediator is not a judge. So you do not need to persuade the mediator of the strength of your case in its totality. The role of the mediator is to help the participants find a solution they can both live with. To do this, the mediator needs to know everything relevant.
However, the essential documents and facts will usually have been included in the mediation brief beforehand. You will want to bring your copies of these documents and have a thorough understanding of what they say.
If you have new information or new documents that support your view, you will want to bring these along to show to the mediator, and usually, the other participants. This is not a detective show or a “test” for the mediator where you wait until the last five minutes to produce the “smoking gun”. It is to your advantage to make sure the mediator and other participants have all important evidence they need to make a proper evaluation of the case. For example, if you have photos of a property completely destroyed by a rental client, letting the mediator and the other participants’ solicitor see the extent of the damage suffered will be a powerful image to a judge, and the other participants’ solicitor will know this. They can explain to their client how damaging these photographs can be at trial and the effect they might have in an award by the court.
Finally, and possibly most important, come to the mediation with an open mind. For tips on creating the right mediation mindset, view my recent article on the topic.
