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POSITION PAPERS - 11/04/2012

I think it fair to ask of a mediator that she or he advises the parties immediately upon appointment that a Position Paper is required and that it should include from both sides a Schedule of Damages.

It is trite that some of us prefer as concise a Position Paper as possible whilst others believe in setting out their case in some detail to ensure the opponent has the opportunity of understanding what he/she is up against.

The commonsense answer would seem to be that whether a condensed or comprehensive paper emerges the opponent should be able to see that the other party understands the case, has a good handle on it and has in fact looked at it. A mediator can assist greatly in ensuring Position Papers are exchanged, not ridiculously early but with at least a full day to digest the same before the actual mediation.

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Michael B Williams SC - Mediator
William Dean Chambers
Level 3, 167 Phillip Street,

DX 1300 Sydney
TEL 02 9231 0077
FAX 02 9235 1492

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Auckland Chambers+view

Michael B Williams SC - Mediator
Bankside Chambers
Level 22 88 Shortland Street,

TEL +64 9 379 0802
FAX 64 9 377 0997

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Michael B Williams, SC - Mediator

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Sydney CBD - Phone: 02 9231 0077    Fax: 02 9235 1492

Auckland - Phone: +64 9 379 0802    Fax: +64 9 377 0997

For Sydney Chambers call:       02 9231 0077
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