Jurisdiction(s):
United Kingdom

Mediation Preparation for Clients: Practical Lawyers’ Checklist on process, confidentiality, attendance/authority to settle, documents, opening statements, case strengths/weaknesses, BATNA/WATNA, settlement terms, previous offers and costs

Published by a LexisNexis Dispute Resolution expert

Checklists

This Checklist offers guidance on preparing your client for mediation. Your client must be thoroughly ready for what could unfold during the session. Frequently, they will front the negotiations. Before attending, make sure you carefully cover the following points with them:

Process and stages of the mediation

Confirm your client grasps the typical phases of mediation and the ways it may develop at each step. Make clear the proactive part they will take, including being asked to reflect on the dispute. They should be clear about their drivers and the outcomes they seek from the process. In the end, they will, one hopes, contribute to shaping and agreeing any final settlement.

Understand each stage and how the process may shift
Recognise their active role and readiness to explore the dispute
Clarify motivations and the outcomes they wish to achieve
Be prepared to help shape and endorse any settlement
Expect probing questions and an exacting, highly involved experience
Remember a joint agreement replaces a ruling by a judge

Emphasise that no third-party decision maker, such as a judge, will issue a ruling; resolution in practice rests with the client and the other side to reach agreement...

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Web page updated on 20/05/2026

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