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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'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.
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.
The mediator asks each participant to describe the actions they would like to see the other party take. Three or four suggestions work well. For example, someone could say they want another employee to send their weekly report sooner to avoid delays and make sure that everyone can meet their deadlines.
I'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.