The Art of the Opening Statement: More Than Just a Formality

The mediator's opening statement is your first, best chance to establish control, build trust, and set a constructive tone. Too often, it's treated as a procedural box-ticking exercise. Some mediators even skip it altogether. This is how I do it and why.

First, establish a human connection. Make it a conversation with the lawyers and the parties. Acknowledge the difficulty of their situation and validate their decision to try mediation. This simple act of empathy can lower defences from the outset.

Second, frame the rules as benefits. Instead of just stating the rules of confidentiality and voluntariness, explain the benefits. Confidentiality isn't just a rule; it's a "safety net" that allows for open and honest conversation without fear. The voluntary nature gives you (the parties) complete control of the process and outcome.

Finally, use short metaphors to illusrate the mertis and limitation of mediation: mediator provides a map, while the issues are complex, you have a structured process to guide them. Mediating is like choosing a transportation method. They may not get what they want (expensive point to point private car risking traffic jam) but they could get an optimal solution ( reasonably priced transport and get to venue on time). Viewing the case from different angles does not mean the other party is wrong (A cup half empty or half-filled). We are not there to judge, but to facilitate their search for a mutually acceptable solution.

A powerful opening statement doesn't just inform the parties of the rules; it transforms a tense legal meeting into a structured and hopeful problem-solving session.