"Trial" bundle for mediation

The mediation bundle is NOT a trial bundle.

It should be concise, containing only the information the mediator needs to know in advance or that will definitely be referred to on the day.

  • Like a trial bundle, it should be book style, starting with the earliest items, so that it may be read front to back.
    • NOT like a correspondence file, which is reversed.
  • It can be tricky, but try to put email exchanges in order starting with the earliest
  • Do not include the backsheets of pleadings (don't do that for trial bundles either!)
  • Avoid duplicates
  • Avoid including items "for the sake of completeness" if they are not really needed.
    • Include a chronology if helpful or appropriate. 
    • Include case law only if truly relevant.
    • An index may not be essential but consider if it would assist
  • Paginate the bundle and refer to page numbers in your Position Statement as appropriate.
    • Remember to paginate BEFORE copying the bundle!

Some mediators prefer to receive the bundle electronically.

  • Ensure you know if this is likely to be the case so you can plan your scanning time
  • Consensus case handlers will tell you this when you are discussing the mediation logistics, but it is always helpful for you to check.
  • Check email maximum sending, and receiving, sizes to avoid delivery failure

If at all possible the bundle should be limited to an absolute maximum of one lever arch file.

  • Please do not waste resources on arguing with the other parties about what should be in the bundle.
  • If they want a document in, put it in.
  • If there is more than trivial disagreement each party may send their own documents to the mediator but this will increase preparation time and inevitably produce duplicated documents.
  • An excessive bundle of documents may cause the mediator's fee to rise.


Delivery of the bundle to the mediator

Remember, not everyone works in the same way, or even works out of a staffed office. Help yourself and the mediator by doing your best to comply with our requests and instructions.

We ask that the bundle be delivered at least a week in advance of the mediation

  • This gives the mediator a chance to prepare when he or she has the time to do so.
    • Do not assume that the bundle's arrival " before the mediation" will be sufficient.
    • Mediators are likely to have other work and cannot necessarily fully prepare if your bundle is late
    • The mediation will be more efficient if you allow the mediator to prepare fully.

  • Check where the bundle is to be delivered:
    • Sending it to Consensus Mediation is not always the best option given how busy our mediators are.
    • We will let you know the most efficient arrangements for getting the bundle to the mediator.
    • Make sure whoever is responsible for sending the bundle knows this!

  • Please don't require a signature upon delivery unless it is absolutely essential
    • The mediator may miss the delivery, particularly if it is at a time later than agreed
    • The mediator will be inconvenienced if he or she has to collect it from the delivery depot or await redelivery
    • It may be too late for the bundle to be read by the mediator if delivery is delayed

  • Beware of the tendency for lever arch files to be damaged in transit: there is little more vexing than having to replace the folder because the mechanism has bent.
    • Use appropriate protective packaging
    • Ask if it may be emailed instead

If you are uncertain about anything at all, please ask us before sending the bundle out: contact@consensusmediation.co.uk or call 0844 561 1763