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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.
Good afternoon, my name is _______________ and I am serving as your mediator today. I am a [certified*] mediator trained to assist in resolving disputes such as the one before us today. I am pleased to be here to assist you in working through your issues and believe you will find mediation to be a very helpful process.
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,
Provide a concise summary of the facts and claims. The mediator will not have the patience or need to read an appellate brief. Avoid prose but use headings and bullet points to organize the section, and to summarize the claims, defenses and background about the parties.
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.