Most mediators will ask each party to prepare a position statement.
You can send an “open” position statement, which will be sent to the mediator and the other party or a confidential position statement, for the mediator’s eyes only, or both.
An open position statement will usually include some or all of the following:
- The background of the dispute.
- The main issues still in dispute and your view on those issues and your thoughts on the other side’s views.
- The history of any offers and counter offers.
- Your suggestions as to how the dispute might be resolved.
This position statement is not only for the benefit of the mediator. It provides you with a means of communicating with the other party and is the first step of your task in persuading the other party to your point of view. It should be crafted accordingly and disclosed in sufficient time for it to have an impact.
You normally exchange position statements with the other side.
The purpose of a confidential position statement is to provide the mediator with further useful information about the dispute, or the people involved, which you do not wish to share with your opponent at this stage. Tell the mediator of your views about the barriers to settlement, what you think the mediator will need to concentrate on and why.