Like a good Top 40 song from the days when Kasey Kasem counted them down every Sunday morning, a Mediator’s opening statement of no more than three to four minutes is more likely to become a hit. We Mediators pack tons of valuable information into our brief opening statements. Here is an unfiltered Mediator-to-Participant guide to assist you in understanding some of the more important themes frequently conveyed by Mediators in our opening statements.

“Our mission today is to ‘get to the printer’ – with a final settlement agreement.” This is mediation, not arbitration. You are here. So is the other side. We are all here for the same thing, to settle the case. Is that not wonderful? We already agree on one important thing. Of course, at mediation, everybody wants something from somebody else. Generally speaking, plaintiffs want a check and defendants want a release. The Mediator is looking for signatures on the lines which are dotted. Everyone is more likely to be successful by asking nicely. Please do not confuse this business negotiation with a trial.

“How will we begin? We first attempt to gain an understanding of the perspectives of the parties. It is mission-critical to listen.” The other side sees things differently than you do. This is your opportunity to let them know where you are coming from and vice versa. You need not convince them that your position is correct, nor agree with theirs, but both sides need to understand how reasonable people (read: judges and juries) could reach differing conclusions from one set of facts.

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