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PI Brief Update

Mediation Best Practice: What’s a Position Statement for? - Tim Wallis, Trust Mediation Ltd

24/10/11. Mediations go well when the mediator and the parties are well prepared. In some cases the issues are very clearly defined and the mediator will not need more than a well organised bundle comprising the Schedule, the Counter-Schedule and the relevant evidence relating to the issues in dispute. Where there is more involved in a claim, however, a well thought out Position Statement can be very helpful. It can both help prepare the mediator and influence the other party.

Set out below are the details of a fictional case, a fictional Claimant’s Position Statement representing less than good practice and then an example of best practice.

Image ©iStockphoto.com/onurdongel

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.