Mediator Opening

Topic Progress:

Overview

In this lesson we will be covering the mediator opening – a critical element in setting the tone, ensuring the parties understand the process and building trust in you as the mediator.

This page is a little different from the others. Allow a little extra time because, following our presentation, there are a series of short videos showing different mediators introducing the parties to the process. You will see a variety of styles. Your style will be up to you.

[NOTE: You need to click play twice for some of the videos to play.]

Mediator Opening

The Assignment

The bullets below are just a quick reminder of the elements listed in the slide. Following the videos is a link to a reminder of the elements and a sample opening. We will ask you to draft your own opening and have it ready for when we are on Zoom together.

  • Introduce yourself and get all participants’ names
  • Explain mediation process
  • Explain role of mediator
  • Explain mediation confidentiality
  • Set groundrules, if any
  • Show and explain forms used, if any
  • Explain next steps if settled/not settle

Mediator David Hoffman begins a product liability/breach of warrantee mediation.

Mediator Margaret Shaw begins the mediation of an age discrimination suit by an employee.

Mediator Mercedes Bach begins a mediation of a wrongful death claim against two defendants.

Mediator Michael Lewis begins a mediation of an international business relationship.

Your turn for your opening

Now it is your turn to think about what you want to say in your opening and how you want to say it. Draft you opening in your own works and have it available on the first day of the training. To help you, we have given you a sample script and checklist that you can download. Sample script.

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