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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.
Preparing the Mediator: Writing an Effective Confidential Mediation Statement a brief summary of the relevant facts; procedural history; legal issues that may have an impact on the case; strengths and weakness (and, yes, most cases have them); the status of negotiations; and,
I am your mediator today, which means that I am here to help you and to aid your efforts to resolve your conflict. To help you, I will stress three things: One, your voluntary participation. The mediation process exists for you benefit, which is why it can be voluntary.
The opening statements of the mediation process serve a number of purposes, and they are therefore necessary before moving on to the open session. For example, they allow the mediator to explain clearly the process to the parties.
In mediation, the audience is the person with settlement authority, not the neutral mediator. A mediation opening statement should increase the adversary's litigation risk, present a credible and likable client, and focus on demonstrating potential doubts about the adversary's ability to win.