Mediation: understand your next step.

Check the process and suitability first

Ask who appoints the mediator, who attends, how fees are shared and whether separate sessions or remote attendance are available. Tell the organiser about safety, language, disability or power-imbalance concerns. Family dispute resolution has its own context and services; do not assume a general commercial mediation process answers family-law requirements or suitability questions.

Prepare choices rather than one demand

Write down the outcome you prefer, alternatives you could consider and issues you need clarified before agreeing. Bring a concise chronology and essential documents, not an unstructured archive. Ask your adviser which information should be exchanged in advance and how sensitive material will be handled. Check whether the people attending have authority to make decisions.

Plan how proposals become an agreement

Ask whether a legal adviser can review terms before you sign and what happens if only some issues are resolved. Practical details such as payment dates, delivery, future contact and responsibility for costs need clarity. Do not assume a conversation alone has the same effect as a signed document or court order; ask about the appropriate form for your matter.

Prepare an implementation checklist for any proposal

Mediation preparation should include what makes an agreement workable after everyone leaves the meeting. Consider who must do what, by when, using which documents, and what happens if a step depends on a third party. Identify any approval needed from an insurer, lender or business owner. Ask your adviser how to record partial agreement and unresolved points. Being ready to test practical terms can help you assess a proposal more calmly than trying to solve payment, timing and authority questions for the first time during the session.

Compare the scope and cost of advice

Compare dispute services against the outcome and stage, rather than asking only for the cost of winning. A preliminary opinion, a letter, mediation and a hearing involve different work and risk. Ask for the assumptions behind the estimate, any possible other-party costs exposure and a decision point before the next stage. Keep the practical value of the proposed result visible throughout.

Assess the position

Ask what evidence will be reviewed, which remedies or forums are available and what uncertainty remains before substantial investigative or expert costs are incurred.

Attempt resolution

Confirm the scope for correspondence, offers or mediation, who can approve terms and whether advice on the final settlement document is included.

Proceed formally

Ask what filing, counsel, expert and hearing work is quoted, who tracks directions and when new evidence or an opposing response triggers a revised estimate.

Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.

Your preparation checklist

Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.

A first enquiry you can adapt

We are considering mediation about [dispute]. The main unresolved issues are [items], and I need advice on [preparation, participation or proposed terms]. Can you explain your role, the mediator's separate role and the costs for each stage?

Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.

Common questions about mediation

Further reading and scope

This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.

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