A User’s Guide to Mediation

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The User’s Guide to Mediation from Gateley Vinden offers a comprehensive look at how those going through the process can prepare as best they can – and hopefully realise some success

Chief executive Peter Vinden brings his decades of experience as a mediator to bear in setting out the case for pursuing mediation and provides an overview of the process.

He looks at the key preparations, from knowing your case inside out – and that of the other party – to considering the best and worst alternatives to a negotiated agreement, and deciding who will be in your team.

The guide also covers the position statement, which should analyse the dispute and communicate your objectives to the mediator. It is an opportunity to set out the background to the dispute, all the issues that are important to you and how far through the litigation process you are.

There could also be a confidential paper for the mediator alone, which could contain an analysis of the strengths and weaknesses of your case, along with any concessions you may be willing to make – and whether they are dependent on concessions from the other party.

‘The power of an opening statement’

In addition, Peter looks at the power of a good opening statement – a well-researched, well planned and delivered statement can have a significant impact right at the start of the mediation process.

He discusses who should deliver the statement – and how – and the type of content that should be considered.

Finally, the guide covers the mediation bundle, which should provide all the information a mediator needs to understand the case in advance.

In addition, Peter offers practical tips on how and when to provide documents to the mediator to allow them sufficient time to fully prepare ahead of the day itself, something that again could have a big impact on getting the outcome you want.

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