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Alex Denne
Growth @ Ƶ | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Writing a Professional Mediation Statement

9 Jun 2023
26 min
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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Writing a professional mediation statement is essential for successful negotiations. It outlines the terms of the dialogue, the parties involved, and what is expected to be achieved. Ƶ provides free templates to help you draft high-quality legal documents without requiring a lawyer. Our open source library is built from millions of data points teaching our AI about market-standard statements, allowing for easy customization and use for any individual or organization.

Mediation statements act as an agreement between parties which clearly outlines the objectives and rules of the negotiation, providing participants with a greater understanding of their rights and obligations before moving forward with proceedings. Without these documents, disputes may not be resolved amicably and can often lead to costly litigation where emotional as well as financial damage can occur. Furthermore, having clear expectations on both sides allows individuals to focus on the issues at hand rather than any emotional bias that may exist in a dispute.

As mediation statements provide such a comprehensive document detailing information about all parties involved in negotiations it also serves as a form of protection. Having details such as expected outcomes set out clearly helps reduce risk associated with disagreements down the line while also allowing those involved to feel their interests are represented fairly during discussions.

At Ƶ we understand just how important mediation statements are for successful mediations. That’s why we’ve created our community template library - so anyone can access reliable and actionable documents when needed without worrying about hiring an expert or paying legal fees to do so. Our mission is simple: To provide everyone with accessible resources to create legal documents quickly and accurately according to best practices - all at no cost!

So if you’re looking for help creating your own professional mediation statement then don’t hesitate - read on below for our step-by-step guidance or visit us at Ƶ today! Here you’ll find everything you need to take control of your next negotiation process including free templates tailored specifically towards your needs – no account required! So come join us now – let’s get started writing together!

Definitions

Mediation: A process of dispute resolution where two or more parties attempt to settle their disagreements with the help of a neutral third-party.

Purpose: The reason or goal for which something is done.

Problem: A situation that is unsatisfactory and requires action to be taken.

Parties: People or entities involved in or related to a dispute or legal action.

Summary: A brief description or overview of something.

Research: A process of gathering information and facts in order to better understand a topic.

Goals and Objectives: A set of desired outcomes or targets that are intended to be achieved.

Process: A series of activities or steps taken in order to achieve a particular result.

Guidelines: A set of rules or recommendations that provide direction or instruction.

Outline: A brief summary or overview of something.

Draft: A preliminary version of something that is not yet finalized.

Check: To examine something in order to verify its accuracy or quality.

Review: To look at something again in order to make sure it meets certain standards.

Format: The way in which something is arranged or presented.

Proofread: To carefully read something in order to identify and correct any errors.

File: To submit or store something officially for future reference.

Contents

  1. Define the Purpose
  2. Explain why you are writing a mediation statement and what it should accomplish.
  3. Outline the Problem
  4. Describe the problem that led to the need for mediation and the parties involved.
  5. Identify the Parties
  6. List the names of all parties involved in the mediation.
  7. Summarize the Dispute
  8. Provide a brief summary of the main points of contention between the parties.
  9. Research the Issue
  10. Research the issue to ensure all relevant details are understood.
  11. Set Out Goals and Objectives
  12. Set out the goals and objectives of the mediation.
  13. Describe the Process
  14. Describe the process of the mediation, including the roles of the mediator and the parties.
  15. Establish Guidelines for the Mediation
  16. Set out the guidelines for the mediation.
  17. Outline the Mediation Statement
  18. Outline the main points of the mediation statement.
  19. Draft the Mediation Statement
  20. Draft the mediation statement, taking into account the goals, objectives, and guidelines set out in the previous steps.
  21. Check for Accuracy
  22. Check that the mediation statement is accurate and covers all relevant points.
  23. Review and Revise
  24. Carefully review and revise the mediation statement to ensure accuracy and clarity.
  25. Format the Statement
  26. Ensure the mediation statement is formatted correctly.
  27. Proofread
  28. Proofread the mediation statement for any errors or omissions.
  29. File the Statement
  30. File the mediation statement with the court or other appropriate authority.

Get started

Define the Purpose

  • Brainstorm a list of goals you’d like to accomplish with the mediation statement
  • Research what other parties involved in the dispute would like to achieve
  • Consider how you can use the statement to reach a resolution that satisfies every party involved
  • Identify any topics or points you would like to address in the statement
  • Set a timeline for when the statement should be completed
  • When you have a clear outline of the purpose of the statement and the goals you’d like to achieve, you can check this step off your list and move on to the next.

Explain why you are writing a mediation statement and what it should accomplish.

  • Clarify why you are writing a mediation statement and what its primary purpose should be, such as finding a mutual agreement or resolving a dispute.
  • Consider the interests, needs and goals of all parties involved.
  • Articulate the objectives and desired outcome in a clear and concise manner.
  • Identify any possible solutions that could be beneficial to all parties.
  • Outline any potential stumbling blocks that may impede the resolution process.
  • Determine the best approach to reach an agreement or resolution.
  • When you have explained why you are writing a mediation statement and what it should accomplish, you can move onto the next step.

Outline the Problem

  • Break down the conflict into its component parts
  • Identify the source of the conflict and the parties involved
  • State the issues that need to be addressed
  • List any relevant facts that are in dispute
  • Set forth the applicable legal principles
  • Identify any potential solutions
  • How to check off this step: When you have identified all of the relevant facts, issues, parties and solutions, you can move on to the next step.

Describe the problem that led to the need for mediation and the parties involved.

  • Take the time to think through the issue and the parties involved.
  • Identify the problem that has led to the need for mediation.
  • Think about who the parties are—this could be individuals, organizations, etc.
  • Determine if there are any external factors that have contributed to the conflict.
  • Write a brief statement that outlines the problem and the parties involved.

How you’ll know when you can check this off your list and move on to the next step:

  • Once you have written a brief statement that outlines the problem and the parties involved, you can move on to the next step of identifying the parties.

Identify the Parties

  • Gather the names of all of the parties who need to be involved in the mediation.
  • Make sure to include any representatives or legal counsel who may be present.
  • Write down the names of all of the parties involved and make sure everyone is identified.
  • Once all of the parties have been identified, you can move onto the next step.

List the names of all parties involved in the mediation.

  • Gather the full names of all parties that are involved in the mediation
  • Verify that all parties are represented in the mediation
  • Record the names of all parties in a list that can be referred to during the mediation
  • Once all parties are listed and verified, you can check this step off your list and move on to summarizing the dispute.

Summarize the Dispute

  • Make sure to write a brief summary of the dispute that accurately reflects the issues that the parties are in disagreement on
  • If there are multiple issues, be sure to include all of them in the summary
  • Consider the language you use when summarizing the dispute to make sure it is professional and unbiased
  • When you have finished writing a brief summary of the dispute, read it over to make sure it accurately reflects the issues that the parties are in disagreement on
  • Once you are satisfied with the summary, you can move on to the next step of providing a brief overview of the main points of contention between the parties.

Provide a brief summary of the main points of contention between the parties.

  • Take the time to understand the dispute and the parties involved in the conflict.
  • Identify and summarise the main points of contention between the parties in a concise manner.
  • Be sure to include the interests, beliefs and values of all sides.
  • Make sure to remain impartial and provide a balanced summary.
  • Once you have a comprehensive overview of the points of contention, you can check this off your list and move on to researching the issue.

Research the Issue

  • Gather any documents or evidence related to the issue that both parties have provided.
  • Review any documents to fully understand the issue.
  • Speak to both parties to gain an understanding of their perspectives.
  • Have both parties provide any additional information or evidence that may be relevant to the issue.
  • Familiarize yourself with any relevant laws or regulations that could affect the issue.
  • Review previous attempts to resolve the issue.

You will know that you have completed this step when you have a comprehensive understanding of the issue, and both parties have provided all relevant information.

Research the issue to ensure all relevant details are understood.

  • Examine the background of the dispute, such as the parties involved and the timeline of the events leading up to the mediation
  • Analyze the current situation and the desired outcome of the mediation
  • Identify any relevant legal or contractual issues that could affect the outcome
  • Consider any potential solutions to the dispute
  • Talk to the parties involved to ensure that all the details have been gathered accurately and completely
  • Once all necessary information has been gathered, you can check off this step and move on to the next one.

Set Out Goals and Objectives

  • Identify the conflict and its underlying issues that need to be resolved
  • Clarify the expectations and interests of all parties involved
  • Brainstorm ideas and solutions to reach a mutually beneficial outcome
  • Develop a plan that all parties agree to addressing the issues and achieving the desired outcome
  • Establish a timeline for discussion and resolution to ensure progress is being made
  • When the goals and objectives of the mediation have been agreed upon by all parties, this step can be considered complete.

Set out the goals and objectives of the mediation.

  • Identify the parties involved and their roles in the dispute
  • List the issues that will be addressed during the mediation process
  • Set a timeline for the completion of the mediation process
  • Determine the desired outcome of the mediation process
  • Determine if there are any legal requirements that must be addressed
  • Establish clear communication between the parties involved
  • Discuss the possible resolutions and the implications of each

Once you have identified the parties involved, listed the issues that will be addressed, set a timeline for the completion of the mediation process, determined the desired outcome, addressed any legal requirements, established clear communication between the parties, and discussed the possible resolutions and the implications of each, you can check this step off your list and move on to the next step.

Describe the Process

  • Identify the mediator and any other professionals who will be involved in the process.
  • Outline the steps the mediator will take during the mediation process, such as convening a joint session and holding private sessions with each of the parties.
  • Explain the roles and expectations of each party during the process.
  • Discuss the potential outcomes of the mediation process.
  • Describe the timeline for the mediation process.

Once you have identified the mediator and any other professionals involved in the process, outlined the steps the mediator will take, explained the roles and expectations of each party, discussed the potential outcomes of the mediation, and described the timeline for the mediation process, you can check this off your list and move on to the next step.

Describe the process of the mediation, including the roles of the mediator and the parties.

  • Understand the roles of the mediator and the parties: The mediator’s role is to help the parties reach a mutually acceptable resolution. The mediator should remain neutral and not take sides. The parties’ roles in the mediation process are to come to the table with an open mind and to be willing to negotiate and compromise.
  • Explain the general process of mediation: Mediation begins with an opening session in which the mediator explains the process, encourages all parties to be respectful and honest, and outlines rules and guidelines to be followed throughout the process. The mediator will then have separate sessions with each of the parties to understand their perspectives and goals. There may be a break in the process, followed by a session in which all parties meet together to negotiate and come to an agreement.
  • Describe the timeline of the mediation: The timeline of the mediation will vary depending on the complexity of the situation and the readiness of the parties to negotiate. However, it is important to keep the timeline of the mediation in mind, as it will help to ensure that the process is conducted efficiently.

Once you have provided a description of the process, roles of the mediator and parties, and timeline of the mediation, you are ready to move on to the next step of establishing guidelines for the mediation.

Establish Guidelines for the Mediation

  • Determine the goals of the mediation and the expected outcome
  • Identify what topics will be discussed in the mediation and any topics that will not be discussed
  • Establish ground rules for the mediation process that all parties must agree to and abide by
  • Identify any resources or materials that may be needed during the mediation
  • Agree upon the date and time of the mediation, as well as any preparation that is needed before it takes place
  • Determine any other conditions that must be met before the mediation can take place

Once the guidelines have been established and agreed upon by all parties, this step can be considered complete and the next step can be started.

Set out the guidelines for the mediation.

  • Make sure all parties involved in the mediation are aware of the ground rules and expectations.
  • Make sure all guidelines are clearly defined and agreed upon by all parties.
  • Ensure that all parties understand the purpose of the mediation and how it will be conducted.
  • Outline the process for resolving disputes, including the roles and responsibilities of the mediator and the parties involved.
  • Establish a timeline for the mediation and set out expectations for when decisions must be made.
  • Establish a timeline for when the mediator will provide a report of the proceedings.
  • Set out any rules regarding confidentiality and the use of evidence.

Once all these guidelines have been established, you can check this step off your list and move on to outlining the mediation statement.

Outline the Mediation Statement

  • Brainstorm a list of points to include in your mediation statement
  • Prioritize the points that you want to include in the statement
  • Create an outline of the statement using the points you brainstormed
  • Ensure that the points are in a logical order
  • Check that all points are relevant and accurate
  • Once you are satisfied with the outline, you can move on to the next step of writing your mediation statement.

Outline the main points of the mediation statement.

  • Identify the main points that need to be addressed in the mediation statement
  • List out each point, making sure to include all relevant facts and details
  • Consider the overall goal of the mediation in order to determine which points are most important
  • Make sure each point is clearly defined and can be easily understood
  • Once all the main points have been outlined, review them and make sure all necessary details are included
  • Once the main points have been outlined, you can move onto the next step of drafting the mediation statement.

Draft the Mediation Statement

  • Begin by outlining the specific facts and issues to be discussed in the mediation statement
  • Establish the primary goal of the mediation statement and break it down into smaller, achievable objectives
  • Use a neutral and respectful tone when writing the mediation statement
  • Craft each sentence in the mediation statement with care, ensuring accuracy and clarity
  • Be sure to include any relevant evidence, such as court documents or witness statements
  • Make sure the statement is concise and to the point
  • Once you’ve written the statement and checked it for accuracy and clarity, you can move on to the next step.

Draft the mediation statement, taking into account the goals, objectives, and guidelines set out in the previous steps.

• Keep the tone of the statement neutral and professional.
• Summarize the issues of the dispute.
• Outline the desired outcome that both parties can agree on.
• Make sure the statement is clear, concise and contains no unnecessary jargon.
• Ensure that the statement includes all of the goals, objectives and guidelines that were set out in the previous steps.
• Review and edit the statement to make sure it is accurate and clear.
• When you’re finished, sign and date the statement.

You’ll know that you can check this off your list and move on to the next step when you have reviewed and edited the statement to make sure it is accurate and clear and have signed and dated the statement.

Check for Accuracy

  • Read the mediation statement aloud and check for accuracy
  • Ensure all relevant points are included
  • Check that the statement is clear, concise and uses language that is appropriate for a professional setting
  • Have a trusted colleague or supervisor review the statement and provide feedback
  • Make any necessary revisions to the statement
  • Once the statement is accurate and complete, the step of checking for accuracy can be marked off the list.

Check that the mediation statement is accurate and covers all relevant points.

  • Read through your mediation statement carefully and make sure that all of the relevant points have been addressed.
  • Check for accuracy of facts, spelling and grammar.
  • Ensure that the statement is clear and concise.
  • Confirm that the statement is complete and covers all relevant points.
  • Once you have checked the accuracy and completeness of the mediation statement, you can move on to the next step.

Review and Revise

  • Carefully review the mediation statement for accuracy, clarity, and completeness
  • Read it aloud to make sure it flows logically
  • Check for any typos or grammar mistakes
  • Ask someone else to review the statement as well
  • Make any necessary changes and revisions
  • Once you’re satisfied with the statement, you can move on to the next step in the guide.

Carefully review and revise the mediation statement to ensure accuracy and clarity.

  • Check the statement for accuracy, making sure all facts are correct and all statements are objective
  • Check for clarity, ensuring all statements are written in a manner that is easy to understand
  • Have a knowledgeable third-party review the statement for accuracy and clarity
  • Make sure all relevant points are included in the statement
  • Once you are satisfied that the statement is accurate and clear, you can move on to the next step in the process - formatting the statement.

Format the Statement

  • Review all the elements of the statement to ensure they are laid out in the correct order.
  • Ensure the statement includes a title, introduction, body, and conclusion.
  • Use consistent language and formatting throughout, such as font size, spacing, and headings.
  • Read through the statement to ensure there are no typos, spelling mistakes, or grammatical errors.
  • Check that the statement is signed and dated correctly.
  • When all these elements are in place, the statement is correctly formatted.

Ensure the mediation statement is formatted correctly.

  • Use a professional font and font size, such as 12-point Times New Roman
  • Include a header with the name of the parties, the date and the title of the document
  • Use single spacing and leave a line break between each paragraph
  • Number each paragraph sequentially
  • Ensure the statement is clear, concise and direct
  • Check that the statement is free from any errors that may cause confusion

You can check this off your list when you are confident that the statement is formatted correctly and there are no mistakes that may cause confusion.

Proofread

  • Read over the mediation statement, paying close attention to grammar, punctuation, and spelling.
  • Check that all necessary information is included, and all facts are accurate.
  • Have a colleague or a professional proofreader review the statement.
  • When you feel confident that the statement is clear, concise, and error-free, you can move on to the next step.

Proofread the mediation statement for any errors or omissions.

  • Carefully read your statement for any typos, grammar errors, or factual inaccuracies.
  • Check for any words or phrases that may be confusing or open to interpretation.
  • Have a trusted third-party read through the statement to check for any errors or omissions.
  • Once you’re confident the statement is accurate and error-free, you can move on to the next step.

File the Statement

  • Obtain the necessary forms from the court or other appropriate authority to file the mediation statement.
  • Fill out the forms and attach the mediation statement.
  • Submit the forms with the mediation statement.
  • Pay any applicable fees.
  • Confirm that the mediation statement has been received.

You will know you can check this off your list and move on to the next step once you have confirmed that the mediation statement has been received.

File the mediation statement with the court or other appropriate authority.

  • Contact the court or other appropriate authority and find out the process and requirements for filing the mediation statement.
  • Submit the mediation statement to the court or other appropriate authority following their established process.
  • Keep a copy of the mediation statement for your records.
  • You can check this off your list when you receive a confirmation from the court or other appropriate authority that the mediation statement was filed correctly.

FAQ

Q: What is a professional mediation statement?

Asked by Jacob on June 1st, 2022.
A: A professional mediation statement is a document outlining the parties’ agreement to a dispute resolution process. This document is often used in the legal system as a way for two parties to come to an agreement outside of court. The statement should include the goals of the process, the details of each party involved, and any additional information that would be relevant to the resolution process.

Q: Are professional mediation statements legally binding?

Asked by Grace on August 10th, 2022.
A: In many cases, yes. Professional mediation statements are often used in contract negotiations and other legal matters and can be legally binding depending on the jurisdiction in which they are being used. The exact terms and conditions of the agreement will depend on the applicable laws, so it is important to consult with a lawyer in order to ensure that all parties are protected.

Q: How do I write a professional mediation statement?

Asked by Ethan on May 8th, 2022.
A: Writing a professional mediation statement can be a complex process, but it is important to ensure that all parties involved are protected. When drafting a mediation statement, it is important to ensure that all parties’ goals are clearly outlined and that any additional information relevant to the resolution process is included. It is also important to make sure that each party understands their respective obligations under the agreement and that all terms and conditions are clearly stated.

Q: What should be included in a professional mediation statement?

Asked by Ava on March 20th, 2022.
A: Generally speaking, professional mediation statements should include the names of all parties involved in the dispute resolution process, their respective goals for the process, any additional information relevant to the resolution process, and a clear description of how any disputes or disagreements should be resolved. Additionally, it may be necessary to include clauses regarding confidentiality or other legal issues depending on the specific situation.

Q: What are common pitfalls when writing a professional mediation statement?

Asked by Noah on April 27th, 2022.
A: One of the most common pitfalls when writing a professional mediation statement is failing to accurately outline each party’s goals for the dispute resolution process. Without clearly defining each party’s objectives for the process, there is no guarantee that all parties will be satisfied with the outcome of negotiations or that any disputes or disagreements will be resolved efficiently. Additionally, failing to accurately state any applicable laws or regulations could lead to problems down the line if either party fails to adhere to their obligations under the agreement.

Q: How do I ensure my professional mediation statement is legally binding?

Asked by Emma on June 15th, 2022.
A: In order to ensure that your professional mediation statement is legally binding, it is important to make sure that all applicable clauses and terms are clearly stated in plain language and that both parties agree to all aspects of the document before signing off on it. Additionally, it may be necessary to consult with an attorney who specializes in dispute resolution processes in order to ensure that all relevant laws and regulations are taken into account when drafting your document.

Q: Do I need an attorney when writing a professional mediation statement?

Asked by Liam on July 3rd, 2022.
A: While it is not always necessary to consult with an attorney when drafting a professional mediation statement, it can sometimes be helpful in order to ensure that all applicable laws and regulations are taken into account when drafting your document. Additionally, consulting with an attorney who specializes in dispute resolution processes can help ensure that both parties are fully protected under the agreement and can help reduce potential conflict down the line if either party fails to adhere to their obligations under the agreement.

Q: Is there any difference between UK vs USA vs EU jurisdiction when writing a professional mediation statement?

Asked by Olivia on August 16th, 2022.
A: Yes. Depending on where you are located or where you plan on using your professional mediation statement, there may be differences between international jurisdictions which could affect how each party’s rights and obligations are interpreted under local laws and regulations. It is important to consult with an attorney who specializes in dispute resolution processes in order to ensure that your document takes into account any applicable laws or regulations from different jurisdictions which may affect how each party’s rights and obligations are interpreted under local laws and regulations.

Q: How do I choose which jurisdiction applies when writing my professional mediation statement?

Asked by William on October 13th, 2022.
A: When drafting your professional mediation statement it is important to consider which jurisdiction applies based on where you are located or where you plan on using your document as different jurisdictions have different laws and regulations which could affect how each party’s rights and obligations are interpreted under local laws and regulations. It is important to consult with an attorney who specializes in dispute resolution processes in order to ensure that your document takes into account any applicable laws or regulations from different jurisdictions which may affect how each party’s rights and obligations are interpreted under local laws and regulations.

Q: Can I use my own language when writing my professional mediation statement?

Asked by Isabella on November 5th, 2022.
A: Yes - while it may be beneficial to consult with an attorney before drafting your document as they can help you take into account any applicable laws or regulations from different jurisdictions which could affect how each party’s rights and obligations are interpreted under local laws and regulations - you can also use your own language when writing your document as long as both parties understand what they are agreeing too when signing off on it. It is important however for both parties involved in the dispute resolution process understand its contents before signing off on it so as not leave room for misinterpretation down the line if either party fails to adhere their respective obligations under the agreement .

                                                     ### Q: Can I use existing forms or templates when writing my professional mediation statement?  Asked by Michael on December 10th, 2022.  

A: Yes - while it may be beneficial to consult with an attorney before drafting your document as they can help you take into account any applicable laws or regulations from different jurisdictions which could affect how each party’s rights and obligations are interpreted under local laws and regulations - you can also use existing forms or templates when drafting your document as long as both parties understand what they are agreeing too when signing off on it. Additionally using existing templates can help reduce potential conflict down the line if either party fails to adhere their respective obligations under the agreement .

Q: Does my industry sector have specific requirements when writing my professional mediation statement? Asked by Alexander on January 15th 2023 .

A: Yes - depending on your industry sector there may be specific requirements associated with dispute resolution processes which could affect how each party’s rights and obligations are interpreted under local laws and regulations - so it is important for both parties involved in dispute resolution processes understand its contents before signing off on it so as not leave room for misinterpretation down the line if either party fails adhere their respective obligations under agreement . Additionally consulting with an attorney who specializes sector specific dispute resolution processes can help ensure all relevant industry specific requirements have been taken into consideration prior signing off on final version .

Q : Are there certain elements I should consider when writing my own custom terms for my professional mediations statements ? Asked by Jameson January 30th 2023 .

A : Yes - when customizing terms for profession mediations statements its important take into account elements such as confidentiality , payment , liability , intellectual property , non-compete / non-solicitation , termination , arbitration & disputes etc . Additionally consulting with an attorney who specializes sector specific dispute resolution processes can help ensure all relevant industry specific requirements have been taken into consideration prior signing off final version . Its also essential check if jurisdiction has set standard form mediations terms & conditions & whether this applies particular situation before proceeding draft own custom terms & conditions .

Example dispute

Suing a Company for Breach of Contract:

  • The plaintiff may raise a lawsuit referencing a mediation statement if they can prove that the company has breached their contractual obligations.
  • The plaintiff must provide evidence of the breach, such as a signed contract, a written agreement, or other proof of the terms of the contract.
  • The mediation statement should include the terms of the agreement, the actions or inactions of the company that led to the breach, and the damages incurred by the plaintiff as a result.
  • The plaintiff must show that the company was aware of the terms of the contract and failed to meet its obligations.
  • The plaintiff can use the mediation statement as evidence in the lawsuit, as it provides proof of the breach and the damages incurred.
  • The court may award damages to the plaintiff in the form of monetary compensation or other remedies.
  • If the plaintiff can prove that the company was in breach of the contract, the court may also order the company to adhere to the terms of the contract or make other changes to avoid further breaches.

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