What to say during mediation?

Asked by: Johnnie Wuckert  |  Last update: July 31, 2025
Score: 4.9/5 (14 votes)

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 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.

What do you say at the beginning of a mediation?

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.

What to say and not to say during mediation?

8 Essential Tips on What Not to Say During Mediation
  • Avoid Being Disrespectful. ...
  • Don't Lie. ...
  • Don't Make Threats or Ultimatums. ...
  • Don't Refuse to Participate. ...
  • Don't Use Always or Never Statements. ...
  • Don't Introduce New Evidence or Information. ...
  • Don't Ask for More Money. ...
  • Don't Discuss Irrelevant Issues.

What questions are asked during a mediation?

Questions to Reveal Interests
  • Why do you want that?
  • If you could have anything, what would you want?
  • Help me understand why that is important to you.
  • What concerns do you have about this?
  • What would you do if you were in charge?
  • What are your goals for the future?

Robert Mnookin - Mediation Secrets Exposed: Three Tips You Need to Know

22 related questions found

What is the average settlement offer during mediation?

Mediation is a process that often provides parties the opportunity to reach settlement agreements, though average offers tend to range from 20-50% of damages. It's important for both involved in mediation sessions and negotiations.

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.

How to win in 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.

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 is not suitable for mediation?

Mediation will not be appropriate if there are issues of harm concerning your child, for example allegations of sexual or physical abuse, and/or you have experienced domestic violence, or if there is an imbalance of power within the relationship, for example, because you have a disability or because English is not your ...

How do I prepare myself for mediation?

Preparing for Your First Mediation Session: A Checklist
  1. Understand the Mediation Process. ...
  2. Choose the Right Mediator. ...
  3. Prepare Your Case. ...
  4. Understand Your Goals and Interests. ...
  5. Consider the Other Party's Perspective. ...
  6. Plan Your Strategy. ...
  7. Prepare Emotionally. ...
  8. Logistical Preparations.

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.

What is a good opening statement for 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 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.

How to prepare for mediation with a narcissist?

Tips on Preparing for a Successful Divorce or Child Custody Mediation with a Narcissist
  1. Limit Interaction Outside of Mediation. ...
  2. Establish Boundaries. ...
  3. Avoid Playing Their Game. ...
  4. Try to Stay Calm & Stay Professional. ...
  5. Focus on Your Goals Rather Than Narcissistic Actions. ...
  6. Document Everything. ...
  7. Stay Persistent.

What are ground rules in mediation?

Follow the instructions of the facilitator/ mediator ▪ Be aware of time limits ▪ Be willing to make some adjustments in your behavior if any are requested. ▪ Be ready to request behavioral changes from the other person. - More of something. - Less of something.

What questions will I be asked in mediation?

Workplace mediation questions
  • Can you tell me more about the situation? ...
  • How did the conflict affect you? ...
  • What do you want to happen? ...
  • What can you do to resolve this conflict? ...
  • Define the rules. ...
  • Meet the conflicting parties separately. ...
  • Have a joint meeting. ...
  • Reach an agreement and compromise.

What to wear to mediation?

What To Wear To Mediation
  • How Is Mediation Different From Court?
  • Business Casual Is Generally Best.
  • Don't Wear Everyday Clothes.
  • Dress In A Neutral Palette.
  • Wear Comfortable Clothing.
  • Consider Personal Hygiene.

How to negotiate a settlement in mediation?

Learn about the facts and issues through the briefs and/or a joint session. Meet privately with the mediator at least twice to share your thoughts and find out what the other side is up to. Negotiate patiently. As long as both sides are moving, there may be a deal.

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.

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 percentage of cases settle at mediation?

Mediation is also used after a lawsuit has been filed. Since 80-90% of all cases settle during a mediation session and since most judges will now not give the parties a trial date before they have gone through the mediation process, it is important to know what mediation is and understand how mediation works.

Can you ask for money in mediation?

Mediations involving money negotiations may appear, at first glance, to be one-dimensional: parties make demands for money and opposing parties make offers to pay money until a settlement is reached.

Should I be nervous for mediation?

Since all parties come to a mediation with an effective veto over its outcome, each party can participate in the process without fear. But each party also has a powerful incentive to find a solution that meets the needs of the other parties to the dispute.

What to expect from first mediation?

You will attend this initial session alone and it usually lasts around 45 minutes. The mediator will be a trained professional who will remain independent and impartial throughout the process. They will not make any decisions for you but will help facilitate discussions to see if you can reach an amicable resolution.