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A Practical Approach to Alternative Dispute Resolution

A Practical Approach to Alternative Dispute Resolution (5th edn)

Susan Blake, Julie Browne, and Stuart Sime
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date: 21 April 2024

p. 26015. Preparation for the Mediationlocked

p. 26015. Preparation for the Mediationlocked

  • Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
  • Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
  •  and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London

Abstract

This chapter identifies the procedures of preparing for mediation. If the parties to the dispute have appointed lawyers, then the lawyers will undertake most of the preparatory work that is required for a mediation. A lawyer will often be required to describe what happens in the mediation process, select and agree the appointment of a suitable mediator, agree the terms of the mediation agreement, and locate and book (if necessary) the venue for the mediation. They are also required to sort out preliminary ground rules for the mediation with the mediator and the other parties such as the documents that need to be prepared and (if necessary) exchanged, decide whether expert evidence should be sought on any issue in advance of the mediation, and who should attend the mediation on behalf of each party. The lawyer who is instructed to attend the mediation will also need to prepare thoroughly for it and this will include consideration of the negotiating strategy and tactics they will employ during the mediation.

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