Short answer
For a commercial mediation position statement quote, prepare the contract, pleaded case or claim summary, key evidence, loss calculation, settlement offers, mediation timetable, and a short note explaining the commercial objective and any points that must be handled confidentially.
Quick checklist
Start with these
Define The Dispute And Mediation Stage
The barrister needs to know whether mediation is happening before proceedings, after pleadings, before trial or alongside another process such as adjudication or arbitration. That affects tone, detail and the documents likely to matter.
- Contract, terms, variations and any agreed statement of issues.
- Letter of claim, response, pleadings, applications or arbitration/adjudication papers if relevant.
- Mediation agreement, timetable and position statement deadline.
- Any confidentiality or without-prejudice concerns already raised.
Prepare Evidence And Numbers
A mediation statement is stronger when it links legal points to commercial evidence and a realistic understanding of loss. Avoid sending a bare narrative without the documents that prove it.
- Key emails, notices, invoices, delivery records or meeting notes.
- Loss schedule, account records and mitigation evidence.
- Expert, technical or valuation evidence where available.
- Documents showing practical constraints, cash-flow issues or business continuity concerns.
Explain Settlement Objectives
A barrister may help frame risk, merits and negotiation points, but the client should identify the practical commercial objective. This can include payment, delivery, exit terms, confidentiality, future supply, apology wording or enforcement concerns.
- Best realistic outcome and unacceptable terms.
- Offers made or received, including dates and expiry terms.
- Non-money terms that matter to the business.
- People attending mediation and who has authority to settle.
Important Cautions
Mediation strategy is fact-sensitive. This guide is general preparation information only and should not be treated as advice about whether to settle, what to offer or how to draft without-prejudice communications.
Where litigation is underway, follow any court order and get case-specific advice on deadlines, privilege and disclosure.
Source/review note: check current Civil Procedure Rules, relevant pre-action protocol guidance and any mediation order before publishing procedural wording about mediation statements, offers or settlement communications.
Editorial status: source and legal review required. No completed legal review is claimed.
Commercial Mediation Position Statement Barrister Guide FAQs
Can a barrister draft a mediation position statement?
A barrister may draft or review a position statement where the work is defined, the papers are available and Direct Access is suitable.
Should I send without-prejudice offers?
Tell the barrister what offers exist and how they are labelled. Settlement and privilege issues are sensitive and should be reviewed on the facts.
What if court proceedings have not started?
A barrister may still be able to advise before proceedings, but the enquiry should include pre-action correspondence, evidence, objectives and any limitation or contractual deadline.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
