In mediation, a “claim” is your opportunity to explain why you are owed money for a specific harm. To make your claim successful, you need to move from a feeling of “unfairness” to a clear, documented request.

1. Select the Type of Damage

First, identify what kind of loss you have suffered. Common categories include:

• Compensatory (Out-of-Pocket): Direct costs you’ve already paid (e.g., medical bills, repair costs, or replacing a broken item).
• Lost Income: Money you would have earned if the incident hadn’t happened (e.g., missed work days or a lost business contract).
• Future Costs: Expenses you know are coming (e.g., future physical therapy or upcoming repairs).
• General Damages: Less tangible losses, such as “pain and suffering” or “loss of quiet enjoyment” of a property.

2. Name the Claim

Give the claim a specific title. Instead of “Money for the accident,” use “Medical Expenses – Emergency Room Visit July 12.” This helps the mediator track multiple claims without getting them confused.

3. Provide the Estimates (The “Price Tag”)

You must put a specific dollar amount on each claim.

• For Hard Costs: Use exact numbers from receipts, invoices, or pay stubs.
• For Estimated Costs: If the work hasn’t been done yet, get a written quote from a professional.
• Avoid “Round Numbers”: A claim for $5,000 looks like a guess. A claim for $4,822.50 looks like it’s based on real evidence.

4. Money Owed vs. Mitigation

If you already owe money to a third party (like a hospital or a subcontractor) because of this incident, list that clearly.

• Note on “Mitigation”: Be prepared to show what you did to keep the costs from getting worse. (For example, if a pipe burst, did you turn off the water immediately to prevent further damage?)

5. Proposing a Resolution (The “Ask”)

How do you want this settled?

• Lump Sum: A one-time payment.
• Payment Plan: Payments made over time.
• Service in Lieu: Instead of cash, the other party performs a specific action (e.g., “They finish the landscaping they started”).

What to Expect During the Session

Your claim will be compared to the other party’s response. They may agree that an incident happened but disagree on the cost.

• Disagreements on “Liability”: The other party might claim they aren’t responsible for the damage at all.
• Disagreements on “Quantum”: They might agree they are responsible but argue that your estimate is too high.

The Strategy: The mediator will help you look at the “causation”—the direct link between the other party’s actions and your financial loss. Having your receipts and quotes ready is the best way to turn a disagreement into a deal.

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