ADRG02300 | Exchange of opening statements before the day of mediation

A few days before the mediation day each side will be asked to summarise on one or two pages their own view of what the dispute is about. What do they consider to be the main points at issue, and what are the key facts and arguments in the case.

This may include:

• The year under enquiry

• The date opened and the reason for the enquiry

• Details of the point now in dispute and, in brief detail, why it is in dispute

• What solutions (if any) have been offered

• The legislation relied upon

This list is not exhaustive and the opening statement should reflect each sides’ view of the dispute.

These “opening statements” are a way of reducing the dispute into its essential components, helping to clarify what needs to be worked on during the mediation day. The statements are exchanged with the other side via the mediator a few days before the meeting.