The Mediation Bundle

It is good practice to provide the mediator with an agreed bundle. This is often prepared by the claimant and should be with the mediator seven clear working days before the mediation to enable the mediator to deal with any issues arising.

In those unusual cases where it is not possible to agree a bundle the claimant should send a bundle and an index to the mediator (copying the index to the defendant). The defendant can then, if it wishes, send the mediator a bundle of additional documents, with an index (and copy the index to the claimant).

The purpose of the bundle is to provide the mediator with the gist of the case, the key issues and facts together with the negotiating history. It is not the role of the mediator to read and assess every document and piece of evidence. There is no need to send a trial bundle. Bear in mind the mediator will not be making a ruling on the dispute.

The bundle usually contains:

  • a list of all the people attending the mediation;
  • latest version of any pleadings, if issued;
  • the latest schedules and counter schedules, if relevant;
  • relevant witness statements;
  • expert reports;
  • copies of the key parts of documents such as medical records or other documents of relevance;
  • plans, photographs or media of relevance;
  • surveillance evidence;
  • details of any previous and current offers;
  • details of costs to date and to trial if the matter does not settle (these can be non-binding estimates or schedules); and
  • anything else that you would like the mediator to have read in advance.

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