The mediator will be provided with a bundle of relevant documents by BLCM at least 7 days in advance of the mediation.
BLCM recommends standard documents to include:
a. A copy of the Bill of Costs;
b. A copy of the List of Objections,
c. A copy of any Replies served;
d. Copies of all orders made by the court relating to the costs which are to be assessed;
e. Copies of the fee notes and other receipts for disbursements as served;
f. Transcript of judgment at trial (if any);
h. Any further documents which may be of use on contentious issues.
Document submissions which support contentious issues are vital for preparation by the Mediator if you are considering utilising evaluative mediation (the parties are able to request a confidential, non-binding view from the mediator either in open or private session).
It is worthwhile discussing the bundle with all parties involved in advance of the mediation to avoid duplication (most, if not all documents mentioned above are usually provided by the receiving party).
Lastly, a mediation position statement is often submitted in advance of the mediation from all parties.
There is no prerequisite as to what documents are to be submitted by the parties and it is at their discretion as to whether they submit any at all. The above is a recommendation but if you are of the view any items are unnecessary, please don’t feel they must be submitted.
All documentation supplied will be treated as confidential by the mediator and BLCM and will not circulate it further without express authority.
Unless requested otherwise, documents will be destroyed following conclusion of the mediation.
BLCM provides a neutral platform and physical venue for parties to resolve disputes relating to the taxation of bills of costs and a forum with competent and experienced Legal Costs Mediators and Assessors to assist parties in resolving their legal costs disputes.
Read More ...Posted by Matthys Lourens on Wednesday, May 16, 2018 Views: 1502