Opening Statement (Mediator)

Introduction
-

Calm the parties (set the tone)

Establish rapport
Thank/congratulate parties for choosing process

Explain Benefits of Mediation over Litigation

-

Party self-determination v third party (judge or jury) directed outcome

Flexibility can reach agreements that judge/jury cannot apology/change
future conduct/provide new opportunities for parties
Time, cost, stress (of both living with problem and going through trial
experience)
Risk of losing all (or even some) at trial v certainty of outcome they can
both live with

Explain Role as Mediator

-

We will be neutral what we do for one side we will do for both

We will be non-judgemental (not judges will not order anything)
Stress confidentiality during the process

Explain what is expected of Parties

-

Patience and courtesy

Flexibility (no line in sand) be willing to compromise
Creativity (think outside the box)

Explain Process
-

Will be working together (conference)

Will hold separate meetings with parties (caucuses)
Hope to conclude with final agreement that will end dispute now