Mediation can feel unfamiliar if you have not been through it before. Unlike a court hearing, there is no fixed agenda, no formal rules of evidence, and no judge to direct proceedings. What you bring — both literally and figuratively — can make a significant difference to how the day goes.
Here is a practical checklist for anyone preparing for a mediation day.
Documents
Your position paper. If you have submitted a position paper in advance (and you should have — see the separate post on how to write one), bring a copy for reference. The mediator will have read it, but you may want to refer to it during the day.
The key documents in the dispute. This does not mean every letter and email ever exchanged. It means the documents that are genuinely central to the issues — the contract, the relevant correspondence, the expert report, the photographs of the boundary. If you are unsure what is central, discuss it with your solicitor beforehand.
Any expert evidence. If either party has obtained a valuation, survey, or expert report, bring a copy. Even if the other side disputes the conclusions, it is useful to have it to hand.
A schedule of your claim or loss. If the dispute involves a financial claim, a clear summary of the figures you are claiming — with the basis for each — is more useful on the day than a dense bundle of invoices.
Any Part 36 offers or without prejudice correspondence. These should not normally be shown to the mediator unless both parties agree, but you should know what offers have been made so that you can refer to them in private session if appropriate.
Practical items
Something to write with. You will want to take notes during the day, particularly in private sessions with the mediator.
Food and drink. Mediation days can run from 10am to 5pm or later. Most venues provide refreshments, but if you have particular dietary needs it is worth bringing your own. Do not skip lunch — the afternoon is often when the hardest work happens, and low blood sugar helps nobody.
Something to occupy you during the waiting. There will be periods during the day when the mediator is with the other side. Bring a laptop, a book, or work you can get on with. Sitting and stewing in silence is not good preparation for the next session.
Contact details for your solicitor (if they are not attending). If legal advice arises during the day that you need to check, you should be able to reach your solicitor by phone.
Things to prepare mentally
Your bottom line. Before the day, think carefully about what the minimum acceptable outcome looks like for you. You do not have to disclose this to the mediator, but knowing it yourself helps you negotiate with clarity rather than anxiety.
Your best alternative to a negotiated agreement (BATNA). What happens if the mediation fails? What does further litigation cost, how long does it take, and what is the realistic range of outcomes? Parties who have thought clearly about this before the day tend to make better decisions during it.
What the other side wants. This is easy to overlook when you are focused on your own position. Try to understand — genuinely, not dismissively — what the other party is trying to achieve and what their concerns might be. The mediator will be exploring this throughout the day, and parties who have already thought about it tend to reach settlement faster.
An open mind about the form of settlement. Mediated settlements can take forms that a court could never impose — phased payments, apologies, practical arrangements, non-financial terms. Keeping an open mind about what resolution could look like, rather than focusing rigidly on a number, expands the possibilities significantly.
One final thought
Come prepared to settle, not just to argue your case. The mediation day is not a rehearsal for trial. It is a genuine opportunity to resolve the dispute on terms you have chosen — and the parties who approach it in that spirit tend to leave with an agreement.