Mediation rewards preparation more than any other part of dispute resolution. Parties who arrive with the right documents, a clear mandate, and a realistic view of their alternatives consistently get more from the day than those who treat the session as an opening conversation.
What should you bring to a mediation session?
- The core documents: contracts, titles, correspondence, statements of account
- A short position summary you can deliver without reading at length
- A schedule of what you are claiming and the basis of each figure
- Your settlement authority, or the decision-maker who holds it
Who should attend the mediation?
Every party should send someone with authority to settle. A representative who must telephone a board or a spouse after every proposal slows the process and signals reluctance. In commercial matters the person who lived the dispute, whether the project manager, the accountant, or the relationship director, belongs in the room alongside any adviser. The same expectation applies in court-annexed mediation.
How should you approach the negotiation itself?
Arrive knowing your best alternative if no settlement is reached, and your walk-away point. Expect the mediator to carry proposals between rooms during private caucuses, and do not mistake a hard offer for hostility; it is the mechanism working. Keep comments about the other side factual. The day is about terms, not blame. Agree before the session how offers are to be recorded and communicated.
Also think about the opening. A measured, factual account of the dispute earns more credit than an aggressive one, and the tone of the first hour often sets the tone of the day. Decide in advance who speaks for your side and what you want the other side to understand.
Preparation is also legal work. Knowing which terms a court would enforce, and how a settlement should be drafted, changes what you ask for. The governance and advisory team at CS Advocates LLP prepares clients for mediation sessions and attends where instructed; see our practice areas.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation with a certified mediator at our Westlands, Nairobi office.