Mediation works best when both parties arrive prepared. A mediation brief is a written document, sent to the mediator in advance, that sets out the dispute, the preparing party's position, and the basis on which a settlement might be reached.
What a good mediation brief does
A good brief is honest, structured, and persuasive without being aggressive. It anticipates the other side's case, identifies the points of strength and weakness on both sides, and gives the mediator the material they need to drive the negotiation.
Preparing the brief is also useful for the party themselves. The discipline of writing it forces a clear-eyed view of the case that often produces a more realistic position going into the mediation.
Suitable for parties preparing for commercial mediation and wanting a senior hand on the brief.
Example: a typical scope and fixed fee
For preparation of a written brief for a single mediation, the typical scope looks like this.
What's included
- Review of the relevant documents and case papers
- Drafting of a mediation brief covering the background, the issues, your position, the strengths and weaknesses, and the basis for settlement
- One round of revisions based on your feedback
- Final brief ready to submit to the mediator
What's outside this scope
- Attending the mediation
- Negotiating with the other party
- Court proceedings
- Tax advice
Fixed fee: £595, no VAT.
How I will approach your matter
Once you have instructed me, I will arrange a consultation to understand the dispute and your priorities for the mediation before drafting. The brief will be honest and structured, anticipating both sides of the argument.