The Position Paper in Mediation: A Strategic Guide to Persuasion and Resolution

In the landscape of dispute resolution, the journey from adversarial litigation to collaborative mediation requires a fundamental shift in strategy, communication, and mindset. At the vanguard of this transition is a critical, yet often misunderstood, document: the position paper. Known interchangeably as a mediation statement, mediation brief, or background note, its function is singular and strategic: to serve as the primary tool for initiating a productive, facilitated negotiation. This document is fundamentally different from court pleadings, which are designed for adversarial adjudication. The position paper is the first deliberate move in a negotiation, intended to persuade, inform, and guide all parties toward a mutually acceptable settlement.

Your Secret Weapon for Mediation: The Position Paper

If you’re heading into mediation, you might feel like you’re navigating a maze. You want to resolve your dispute, but how do you make sure your voice is heard and you get the best possible outcome? One of the most powerful tools at your disposal is a document called a position paper.

Think of it as your opening move in a negotiation. It’s a short, confidential document, also known as a mediation statement, that you share with the mediator and the other party before the mediation session begins. Its purpose isn’t to “win” like a court brief, but to persuade. It’s your first, best chance to tell your story, frame the conversation, and guide everyone toward a solution that works for you.  

A well-crafted position paper is more than just a summary; it’s a strategic tool that can save you time, reduce stress, and put you in a position of strength.

The Top 5 Benefits: What a Position Paper Does for You

So, why should you invest time in a position paper? The benefits are direct and substantial. It’s not just a formality; it’s an investment in your own success.

1. You Get to Tell Your Story, Your Way

This is your chance to explain what happened from your point of view, in your own words. Court documents are often filled with dense legal language, but a position paper allows you to tell a human story. You can explain the situation in a clear, compelling narrative that helps the other side—and especially the decision-maker on their team—understand your perspective. This is a unique opportunity to speak directly to them without interruption, which can be incredibly persuasive.   

2. It Saves You Time, Money, and Stress

Mediation time is valuable. A clear position paper gets the mediator up to speed on the key issues before the session even starts. This means you can spend the day negotiating solutions instead of just explaining the background. Furthermore, by clearly outlining the costs you’ve already incurred and the estimated expenses of going to trial, you give everyone a dose of financial reality. This simple step often motivates the other side to negotiate more seriously, saving everyone from a longer, more expensive fight.  

3. It Makes the Other Side Think Twice

An effective position paper does more than just state your case; it subtly encourages the other side to re-evaluate theirs. By professionally highlighting the strengths of your position and the risks they face if the dispute continues, you can create doubt about their chances at trial. You don’t need to be aggressive to be firm. The goal is to make them see that a reasonable settlement is a smarter choice than rolling the dice in court.  

4. It Sets a Positive Tone for Success

Remember, the goal of mediation is to find a solution, not to continue the fight. An aggressive, insulting, or overly combative position paper will only make the other party defensive and more entrenched. A professional, respectful tone shows that you are there to solve a problem in good faith. This fosters a constructive atmosphere, making it far more likely that you’ll have a productive discussion and reach a successful agreement.  

5. It Opens the Door to Creative Solutions

A court can typically only award money. Mediation, however, offers the flexibility to find creative solutions that a judge can’t order. Your position paper can introduce these ideas. Perhaps a formal apology, a positive professional reference, or a future business arrangement could be part of the solution. By suggesting these non-monetary options, you show that you’re focused on finding a practical resolution, which can unlock new pathways to a settlement that truly meets your needs.   

What Makes a Position Paper Effective? A Simple Checklist

Your lawyer will handle the drafting, but understanding the key ingredients will help you contribute effectively. A strong position paper is:

  • Short and to the point: Aim for 4-6 pages. It should be easy to read and digest.   

    A clear story: It should start with a simple summary and tell a coherent narrative from your perspective.  

  • Focused on what matters: Concentrate on the 3-5 key issues that are central to the dispute.  

  • Professional, not personal: Avoid insults, blame, and aggressive language. Be firm but respectful.

  • Backed by key facts: Support your most important points with references to crucial evidence, like a key email or contract clause.   

  • Realistic about costs: Include a clear summary of legal costs to date and the estimated cost of going to trial.  

  • Solution-oriented: Conclude by stating your willingness to negotiate flexibly and in good faith to find a resolution.  

Your First Step Toward Resolution

Ultimately, a position paper is your opportunity to shape the mediation before you even walk into the room. It transforms you from a passive participant into a proactive negotiator. By working with your legal representative to craft a clear, persuasive, and strategic paper, you are not just preparing for mediation—you are paving the way for a successful resolution.

Ready to Take Control of Your Mediation?

Proven Results in Mediation

How our strategic position papers helped clients reach successful outcomes.

Key answers to help you prepare for a successful mediation

Position Paper FAQs

A position paper (or mediation statement) is a confidential document that outlines your perspective on the dispute, key issues, and proposed resolutions before the mediation begins.

Your lawyer will usually draft the position paper, but your input is crucial to ensure it accurately reflects your experience and goals.

Often yes, but not always. Some papers include a confidential section for the mediator only. Your lawyer will decide what to share.

Typically 4–6 pages. It should be concise, focused, and easy to read, highlighting key facts, issues, and proposed solutions.

No, but it should follow best practice: clear headings, a summary, key facts, issues in dispute, costs, and your settlement position.

It should be firm but respectful. The goal is to persuade, not inflame. A constructive tone sets the stage for a productive negotiation.

Yes. Mediation allows for flexible outcomes, and proposing non-monetary solutions can open the door to settlement.

Ideally at least a few days before the mediation, to allow time for the mediator and the other party to consider its contents

You can still proceed with yours. A strong position paper gives you an advantage, even if the other party is less prepared.

Because it shapes the tone and direction of the mediation from the outset. It saves time, clarifies your position, and improves your chances of reaching a favourable outcome.

Let’s Prepare for Mediation Together

Get expert help crafting a position paper that puts you in the strongest possible position.

Get Strategic Advice Now