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SAMPLE FRAMEWORK FOR POSITION STATEMENT FOR LOMANA LINER
SERVICES Plc
(You do not have to follow suggestion – it simply provides a starting point if you are
unsure. You can add or omit sections, or move the sections around)
BETWEEN
LOMANA LINER SERVICES Plc
and
DE ZEEUW TRADING GROUP plc
____________________________
Position Statement on behalf of Lomana Liner Services Plc
____________________________
This Position Statement is made solely for the purposes of the mediation in this case
and is therefore a “without prejudice” document. Copies of this statement have been
made available to the mediator and to De Zeeuw Trading Group plc.
The parties
Lomana Liner Services Plc, trading from Lomana Head Office, London, England.
The solicitors for the party are: Messrs Eagle, Swift & Co, 39 Eagle Street, London
WC1 5SN.
De Zeeuw Trading Group plc, trading from Birmingham, England
The solicitors for the party are: Messrs Lowe & Pankhurst, 72 Fleet Street, Londin
EC1 2ZX.
Date of Position Statement: 27 May 2021
Date and time of mediation: 11 June 2021 at 10.00 am at The Grand Conference
Centre, Southampton, Hampshire.
Summary of the case
1. Lomana Liner Services plc are…. (summarise the facts from the client’s
viewpoint, taking as many paragraphs as you need)
2. (It is common to finish this section by saying what stage the case has
reached)
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Issues in the case
3. The main issues between the parties are… (you can set out the issues here,
or incorporate identification of issues into the next section) (You can use
bullet points or text)
The position of Lomana Liner Services Plc
4. (Set out the position of the client on the issues. Take as many paragraphs as
you need. Incorporate references to facts, evidence and/or law as you see fit).
5. (This is the core of your Position Statement so make sure you include
sufficient detail).
Response to the position of De Zeeuw Trading Group plc
6. (It is not mandatory to include this section, but it is quite common to make at
least some comments on the position of the other side, especially as regards
weaknesses in their case.)
7. (Take as many paragraphs as you need, and incorporate references to facts,
evidence and/or law as you see fit).
Arguments
8. (If you have set out all your arguments in the sections above, there is no need
to include this section. Just think whether there is anything else you want to
say).
Existing attempts at ADR/ Anticipated outcome
9. (Summarise any existing attempts to settle the dispute).
10. (If you want to say anything at this stage about the terms you want to settle for
you can put it in, but there is no requirement to do this if you would prefer to
talk about potential settlement in your Opening Statement)
Documents
(List the documents you have that are relevant to the dispute in terms of facts or
evidence)
Organisations and people
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(List all the people and organisations involved in the dispute and essentially what
their role is e.g.
Lomana Liner Services Plc Carrier of the goods, chartered “The Cromarty”
Costs
It has been agreed that the costs of mediation will be paid in equal shares by the
parties.
(Any comments about current costs or concerns about possible future costs can be
included here)
CHRONOLOGY “The Cromarty”
(It is not a requirement that a chronology be added, especially if you have summarised the
facts in some detail in the body of the Position Statement. However, if you have only
summarised the main facts in the body it is common to add a chronology of facts. This can
help to ensure a shared understanding of events)
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