How To Prepare For Mediation As Counsel: Twelve Terrific Tips

Mediation is now a routine component of the litigation game. In Churchill v Merthyr Tydfil County Borough Council¹the court changed the traditional litigation rules, leading to a dramatic increase in lawyers encouraging mediation, the court mandating it² and hefty costs sanctions for those who refuse to play along.³

Barristers have a key role in the litigation arena but in mediation they previously tended to sit on the bench. That is changing, with those who want to remain in the premier league seeking clarity on best practice. They recognise that preparation can decisively shape outcomes—not through exhaustive forensic analysis and advocacy, but by equipping clients to negotiate with clarity, focus, and confidence.