How do you start a mediation meeting?

Asked by: Clara Dickinson  |  Last update: April 11, 2025
Score: 4.6/5 (13 votes)

At the mediation, the mediator may begin with a joint session, to set the ground rules and an agenda, including introductions and if agreed upon parties will present opening statements. The opening statements will provide the parties an opportunity to explain the client's position and interest.

What do you say at the beginning of a mediation?

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.

What is the best opening statement for a mediator?

I am pleased to be here to assist you in working through your issues and believe you will find mediation to be a very helpful process. Thank you for committing to be here today. If any of you have a special need during the session, please let me know now or at any time during this session.

How do you start a mediation statement?

How To Draft A Mediation Brief
  • 1) A short description of the case and the key legal and factual issues.
  • 2) Status of the litigation.
  • 3) A summary of settlement discussions to date, if any.
  • 4) Roadblock to Settlement: Describe what you believe to be the current roadblock to settlement.

What should you not say during mediation?

Disrespectful Comments

Making unnecessary comments under your breath, having a negative attitude, or rolling your eyes won't help you. The defense team might decide they don't want to meet you halfway to reach an agreement if you mistreat them. The mediator might not want to work with you, either.

Mediation Role Play | Mediator Opening Statement

20 related questions found

What is the golden rule of mediation?

The Golden Rule of Mediation is to treat others as you would like to be treated during the negotiation process. It embodies the principles of fairness, respect, and collaboration, guiding parties to engage in negotiations in good faith and with a focus on achieving a mutually beneficial resolution.

What words do you use during mediation?

We then asked the mediators what words do you use to prime parties for the mediation process? The responses included 'efficient,' 'fair,' 'listen,' 'partner,' 'together,' 'trust,' 'appreciate,' 'willingness,' 'result,' 'path,' 'future' and 'please.

How do you start a mediation conversation?

Begin mediation by listening to each person's story separately. Next, bring them together to meet face-to-face. Allow them an equal chance to speak and explain their perspective. Brainstorm mutually beneficial solutions and, once both parties settle on one, summarize the agreement.

What is a simple sentence for mediation?

The case is currently in mediation. Have we lost a sense of looking without mediation? He is refusing to go to mediation. The mediation did not lead to a settlement.

Do I have to say anything in mediation?

The mediator will likely have everyone introduce themselves and will explain the process. The mediator will then tell you that discussions during the mediation are privileged and cannot be divulged at a hearing or trial and nothing said at the mediation can be brought up later.

What is a good example of an opening statement?

Often, the easiest way to present a coherent theme is to state it in a straightforward manner as your introductory sentence: “Ladies and gentlemen, this case is about unfair competition by the defendant.” In other situations, the theme may come out more subtly, as you tell a story that slowly unfolds.

How do you win mediation?

There are a few things that you, the client, can do to increase your chances of a successful outcome to a mediation.
  1. Attitude adjustment. ...
  2. Prepare, prepare, prepare. ...
  3. State your case clearly and keep the emotion out. ...
  4. Be flexible. ...
  5. Be patient.

Who makes the opening statement in a mediation?

Opening Statement by Mediators

The mediation begins with a statement by the mediators.

How to start mediation?

The first step in starting mediation is for all parties to agree to the process. Mediation is a voluntary process, which means everyone involved must consent to participate. No one can be forced into mediation against their will. If you're the one proposing mediation, you'll need to present it as a beneficial option.

What questions do mediators ask?

Some Generic Questions (1)
  • What question, if answered, could make the greatest difference to the future?
  • What's important to you about the question? ...
  • What draws you to this issue, conflict or question?
  • What's our intention here? ...
  • What opportunities do you see in it?

Who should make first offer in a mediation?

First, it is traditional for the plaintiff to start. (It confuses the defense when they don't want to; and not in a good way.) Second, plaintiff brought the case. Presumably, plaintiff knows the value of his or her claims.

What is a good example of mediation?

Here is an examples of a scenario that can benefit from mediation: Two community activists assigned to work in the same neighborhood disagree about how to interact with residents and aren't working well together as a result of the disagreement. The entire group can sense the tension between the two.

What is a good sentence for mediator?

Only in eleven of the 360 cases examined in my study, for example, was there any mention of mediator involvement in formulating the agreement. When he was placed in the middle as a mediator, he contributed to the smooth ending by accommodating to both sides.

What is a good sentence for mediate?

Examples of mediate in a Sentence

He is attempting to mediate a settlement between the company and the striking workers. Negotiators are trying to mediate a ceasefire.

What is a good opening statement for mediation?

As a mediator, I am going to walk us through a process that will ask each of you to help me understand what brought us here today, and then see whether we can come up with a resolution that meets your needs. I'm not here to make decisions for you or offer you legal counsel.

What to say during mediation?

You are trying to persuade the other party and not the mediator, therefore speak directly to him or her. Describe particular behaviour rather than making generalizations. Avoid using words like “always” and “never.” Give concrete examples to illustrate your point of view.

What happens at the first mediation meeting?

The mediator will tell you about the mediation process and other options for reaching agreements. At the end of the meeting, the mediator will tell you whether your case is suitable for mediation, and you can decide whether you want to proceed with mediation or explore another option for resolving issues.

What are the 3 C's of mediation?

Trust, communication and patience – which our neutrals consider the three pillars of mediation – are equally important to achieving a settlement in a guided and collaborative process like mediation.

Do I talk during mediation?

You do not have to speak at mediation. Your lawyer – and the other party's lawyer – will be doing most of the speaking during mediation. Now, the mediatior may have questions for you, but the mediatior will likely only do so when he or she is meeting privately with you and your lawyer.

What makes a good mediation statement?

A mediation statement should distill the issues in the case. Less is always more. Start with a single paragraph identifying the parties and summarizing the claims. Provide a concise summary of the key facts without the gory details, as objectively as possible.