Good preparation leads to better outcomes. Whether you are heading to mediation or litigation, here is what to do before the day arrives.
If You are Preparing for Mediation
What to Bring
- Key documents supporting your position (contracts, emails, photos)
- Timeline of events (even a handwritten summary helps)
- Your bottom line written down privately (what's acceptable?)
- Authority to settle if you are representing a business
Who Should Attend
Critical: The person attending must have authority to make decisions and agree to settlement. If you need to "check with someone" before agreeing, that person should be there or available by phone.
What to Expect on the Day
Joint Session
Both parties meet with the mediator. Each side presents their view. This isn't a debate; it's about understanding.
Private Caucuses
The mediator meets privately with each party. This is where you can speak freely about your concerns and interests.
Negotiation
The mediator helps both sides explore solutions. They may shuttle between rooms or bring parties together.
Resolution
If agreement is reached, it's documented immediately. The settlement agreement is legally binding.
If You are Preparing for Litigation
Pre-Action Steps
- Letter of demand: Formal notice of your claim
- Pre-action protocol: Required steps before filing in some cases
- Limitation period: Check you are within time limits (see below)
Limitation Periods: Time Limits on Claims
The law sets deadlines for bringing claims. Miss these and you may lose your right to pursue your claim entirely. Check early - limitation periods can be shorter than you expect.
| Type of Claim | Time Limit | When It Starts |
|---|---|---|
| Contract claims | 6 years | From breach of contract |
| Tort claims (negligence, etc.) | 6 years | From when damage occurred |
| Equity claims | 6 years | From when right of action arose |
| Family Protection Act claims | 12 months | From grant of probate |
| Employment personal grievance | 90 days | From action giving rise to grievance |
| Building defects | 10 years | From when building work done |
Don't Delay
If you are approaching any of these limits, seek legal advice immediately. Some claims have very short limitation periods (like the 90 days for employment grievances). Even if you are not sure of your exact dates, we can help assess your position.
Evidence Gathering
- Preserve everything: Emails, texts, documents, photos
- Create backups: Electronic evidence can be lost
- Witness statements: Get accounts while memories are fresh
- Expert reports: May be needed (valuers, engineers, accountants)
Realistic Timeline
Court proceedings take time. A defended claim in the District or High Court can take 12 to 24 months or more to reach hearing. Factor this into your planning and stress management.
For Both Paths
Know Your Bottom Line
Before you start, decide what outcome is acceptable. Write it down. This prevents emotional decisions in the moment.
Know Your BATNA
Best Alternative To Negotiated Agreement. What happens if you don't reach agreement? This shapes your negotiating position.
Prepare Emotionally
Disputes are draining. Take care of yourself. A calm mindset leads to better decisions than an angry one.
What Carlile Dowling Does at This Stage
We prepare you thoroughly. In mediation, we help you articulate your position clearly and respond to the other side effectively. Many clients tell us they felt confident and supported throughout the process.
Ready to prepare for your resolution?
Contact Us