eyes only’ Position Statement should be provided, as well as the
version that is to be exchanged. In fact, these confidential Position
Statements often turn out to be an early draft of the Position
Statement that is eventually exchanged with the other party or
parties.
What a Position Statement should do
A Position Statement should briefly explain a party’s position, as well
as their position on their adversary’s case. A Position Statement
should not be designed to try and ‘prove’ any particular point, but
rather explain arguments and provoke thought on the other side of
the fence. Misunderstandings should be cleared up.
Brevity is important. It is the one document lead negotiators on the
other side will read on their way to the mediation. It should be a
forceful, ‘punchy’ and very clear document.
A Position Statement should also act as a ‘road map’ for the
mediation bundle, describing important documents or referring to key
paragraphs of contracts or statements of case.
What a Position Statement might contain
A Position Statement might be structured as follows:
Introduction
At the outset the party on whose behalf the Position Statement is
prepared should be ‘introduced’, contain a description of their
business and how the relationship with other party (if any) came
about. References to corporate website addresses can be useful for