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How to Fail at Mediation Come to the mediation with unreasonable expectations. Don't prepare. Don't trust the mediator. Never permit an open session with all of the parties present. Insist that everything be maintained in confidence. Don't consider alternative approaches for resolution.

The most important elements of your opening are to clarify what participants may and may not expect when mediating with you, to assure the parties that you are there to listen and to assist them in resolving their dispute, and to bring your authentic self to the table.

Conduct that implies the mediator will violate confidentiality by “telling the judge” a party is not participating fully or fairly, acting unduly friendly to one side, providing legal advice to one party or offering unsolicited evaluative opinions of a party's arguments is evidence of partiality and imperils the ...

One of the biggest and most common obstacles in mediation is when litigators refuse to budge from their courtroom arguments and conduct themselves as though they are presenting their case to a judge or jury. Mediation and litigation are different, and lawyers' roles in each are too.

The process can be slow and lengthy, with most progress after lunch near the end of the day. The mediator will not pick a side, so expect to compromise, as most cases settle, from 80-92 percent by some estimates.

The Golden Rule of Mediation is to treat others as you would like to be treated during the negotiation process. It embodies the principles of fairness, respect, and collaboration, guiding parties to engage in negotiations in good faith and with a focus on achieving a mutually beneficial resolution.

The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.

Good afternoon, my name is _______________ and I am serving as your mediator today. Are you here in good faith? ... Both the mediation agreement and the resulting settlement agreement, if any, are not confidential. ____ INTRODUCE yourself and (if applicable) your co-mediator.

A mediation statement should distill the issues in the case. Less is always more. Start with a single paragraph identifying the parties and summarizing the claims. Provide a concise summary of the key facts without the gory details, as objectively as possible.