How do I start a mediation opening statement?

How do I start a mediation opening statement?

Seven Tips for a Winning Mediation Opening Statement

1. Do Not Waive Your Mediation Opening Statement.
2. Be Conciliatory.
3. Direct Your Comments to the Opposing Party, Not the Lawyer.
4. Show Your Hand.
5. Prepare an Effective PowerPoint Presentation.
6. Present Helpful Jury Instructions.
7. Be Mindful of Time.

What is an opening statement for mediation?

The opening statements are an opportunity for everyone to lay out the basic premise behind the concerns and issues of the case. It is not a back-and-forth conversation; rather it is a presentation of ideas. For that reason, the mediator does not jump in to ask questions at this point in the process.

How do you write a good mediation statement?

By Mark A. Romance

1. Be upfront. Your first paragraph should tell the mediator who you represent, who the opponent is, summarize the claims and explain what is at stake.
2. Provide a concise summary of the facts and claims.
3. Summarize prior settlement discussions.
4. Identify strengths and weaknesses.
5. Bring it home.

Do lawyers argue the case in their opening statement?

Opening statement: The opening statement is not an argument, however; in fact, legal arguments are prohibited during the opening statement. It is during the opening statement that attorneys will tell the story of the case and what they hope to prove using the evidence that will be presented.

What is a mediation submission?

The basics. A good submission is written for both the mediator and the other side. It helps the mediator understand the case and informs the other side of information they should consider in media- tion. Most mediators encourage parties to exchange submissions.

Why is an opening statement important in mediation?

Why should a Mediator Make an Opening Statement? The opening statement is your opportunity to reduce anxieties and address any concerns about mediation before the session begins. An excellent follow up to that question is to explain the process and your role in the process.

How do you write an opening statement?

Opening Statement Checklist

1. State your theme immediately in one sentence.
2. Tell the story of the case without argument.
3. Persuasively order your facts in a sequence that supports your theme.
4. Decide whether to address the bad facts in the opening or not.
5. Do not read your opening statement.
6. Bring an outline, if necessary.

What should a mediation statement include?

Mediation statements are designed to be a brief (5 pages or less) summary of the background of the case, what the party is seeking to accomplish in mediation, relevant market standards and statutes to inform and persuade, and any areas where the parties might focus their attention to build an agreement.

How do you get what you want in mediation?

Mediators help the parties get what they want by asking open-ended questions to find out what it is they want. To determine their desired outcome, the mediator can simply ask, “What exactly are you looking for in this deal?” The mediator should try to determine if the parties’ wants are common, different or opposed.

What are you not allowed to do in an opening statement?

Prosecutors and defense attorneys generally have considerable latitude in what they’re allowed to say in opening statement. That said, they’re not allowed to “argue” (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don’t intend to or can’t prove.

How do you structure an opening statement?

What should I say in my opening statement in mediation?

During the opening statement, you should focus on trying to create rapport with the opposing client, thereby effectively bypassing their lawyer’s filter. The mediation is the only opportunity to do this. Creating doubt in the other party regarding their case should enhance their flexibility.

What’s the purpose of an opening statement in a lawsuit?

The role of the opening statement for the plaintiff’s attorney in this instance is to help the defendant understand that there are real people and real struggles behind the injury that the defendant has caused. Defendants can come to understand that the plaintiff is capable of telling a compelling story about this injured plaintiff and her family.

Can a mediator keep confidential during a settlement?

Most states consider mediation as settlement negotiations thus protecting and holding anything said inadmissible in court. However, there are some exceptions, what I call, the ‘Mediator’s Miranda Warnings’. I cannot keep confidential and must reveal:

Can a plaintiff tell a compelling story in mediation?

Defendants can come to understand that the plaintiff is capable of telling a compelling story about this injured plaintiff and her family. The flesh and blood reality of seeing the opposing party in the mediation can overcome the cartoonish image that might have been painted back in the lawyer’s decision room.