ADR Preparation Questionnaire

Is the dispute sufficiently understood for a useful discussion or mediation? Record what is known, what needs clarification and what preparation may help. Your Preparation Summary is based only on your answers.

Step 1 of 3 • The Disagreement

Is a Different Approach Needed?

Your role:

The central disagreement:

What practical decision needs resolving?

One sentence is enough. Avoid names or sensitive details.

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Have attempts to resolve this through discussion stalled?

Would the necessary participants consider mediation?

Step 2 of 3 • Preparation Checks

Is There Enough to Hold a Useful Discussion?

Four preparation areas are covered: figures, information, authority and protection. Protection has three parts, labelled 4a–4c. Answer for the issue you want to resolve; complete estate accounts or every possible document are not required for every discussion.

1. Figures are sufficiently reliable

Are relevant values, balances or debts sufficiently clear for this issue? Choose Yes if financial figures are not needed for this discussion.

2. Essential information is available

Has enough relevant supporting information been shared to explore options? Some missing records can be addressed through a preliminary discussion or mediation.

3. Decision authority is clear

Can the necessary people participate, with authority to agree this step or a clear route to obtain the required approvals?

4a. Deadlines have been checked and protected

Have relevant court, procedural and other deadlines been checked with appropriate advice? Discussion does not suspend a deadline.

4b. Immediate asset risks have been addressed

Have immediate asset or insurance concerns been checked and any necessary protective steps taken?

4c. Everyone can participate safely

Can everyone participate freely and safely, with any support or adjustments needed? Obtain appropriate help if there are concerns.

Protection and formal offers

Is Individual Advice Needed Before the Next Step?

Is there a concern about dishonesty, forged documents or assets being lost or disposed of improperly?

An allegation of fraud is not proof and does not automatically prevent mediation. Seek specialist legal advice on the evidence and any urgent protective steps before relying on a discussion timetable.

Has a formal settlement offer been received, including one referring to CPR Part 36 or costs consequences?

Obtain individual advice on the offer, response timetable and possible costs consequences. This tool does not assess offers or personal liability; discussions do not suspend deadlines.

Step 3 of 3 • Optional Context

Costs & Discussion Format

Estimated monthly estate holding outgoings (£):

Optional. Continuing cash outgoings are not necessarily losses caused by delay.

Estimated mediation cost, if known (£):

Optional. Enter your anticipated share of the mediator’s fee and your adviser costs, including VAT where payable. Use an estimate or quotation; this tool does not calculate fees.

Preferred discussion format:

Before booking mediation, compare the quoted fees with the value and issues in dispute, continuing outgoings and other realistic options. This tool does not determine commercial proportionality or predict settlement.

Human Law • Preparation Summary

          SRA-regulated firm No. 657838 • Based on your entries · Discussion preparation
        

Your Preparation Summary

Your report records preparation indicators, information gaps, priority concerns and financial context. Changes to your answers update the summary.

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