The Importance of Early and Detailed Position Statements in Mediation

August 2, 2024

As a mediator, one of the most important steps to a successful mediation is getting a clear and detailed position statement from the parties involved. This is like getting the full instructions before you start a big project—it helps you do your best work.


Why Early Statements Matter

When a mediator is hired, they often don’t know much about the case until they receive the position statements. Getting this information early helps the mediator understand the details and prepare better. This preparation is key to guiding the parties towards a resolution effectively.


The Role of Pre-Caucus Meetings

Pre-caucus meetings, where the mediator talks to each party separately before the main mediation, are crucial. These meetings allow the mediator to hear from each side and start building trust. A thorough position statement makes these meetings more productive because the mediator already knows the case well and can ask the right questions.


Tips for a Good Position Statement

  1. Be Clear: Write clearly about what the issue is and what you hope to achieve.
  2. Be Detailed: Include all the important facts and figures so nothing important is missed.
  3. Be Early: Try to send your position statement well before the mediation date so the mediator has enough time to prepare.


By providing early and detailed position statements, parties can greatly improve the effectiveness of their mediation. It sets the stage for a smoother process and helps ensure that everyone is working towards a solution right from the start.


Schedule your next ADR session via our convenient online calendar, or call Carol Waldrop at 855-754-8807.