Briefing the mediator. Less is more?

What should you send the mediator to read in advance of the mediation? Not a trial bundle which contains all relevant documentation. It should be as little as you think necessary for the mediator to be of value to the parties. Don’t hesitate to liaise with the mediator if in doubt.

Quentin Smith tells of the time when there were so many documents from which to select that the parties decided to send just a simple spreadsheet. The case settled. Another time amongst four lever arch files there were three copies of the same JCT Contract, followed by a confirmatory email which urged the recipient to think of the environment before printing!

Generally the old adage, “less is more” applies. It pays to think carefully about the mediator’s briefing papers and to collaborate with counter-parties in good time to agree the index.