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Mediation & Arbitration Section Chairs : GeraldAlbrecht – AlbrechtMediationServices , AmberBoles — LawOfficeofAmberBoles & LaraTibbals — TibbalsMediation , LLC
Is it a mistake to waive your mediation opening statement , avoid a joint session , and go directly into caucus ? Before you answer this important question , consider the fact that in the last fiscal year there were over three million new Florida Circuit and County court filings , adding to the cases already burdening the courts . Out of these millions , most jurisdictions have less than one percent of civil cases that ever empanels a jury .
With so few civil cases being settled inside a courtroom , a mediation opening statement is a great opportunity to speak informally to individuals on the other side with settlement authority . Disputing parties seldom have the opportunity to interact in person . Usually , their only communication has been through angry letters and pleadings . Mediation is the time to put aside contentious trial-type opening statements , diffuse anger and hostility , and set the more positive compromising attitude needed in order to reach a mutually agreeable resolution .
It is the time to humanize the opposition and create a credible , sincere , neutral tone for the rest of the mediation session . Verbally attacking or insulting the other party will never lead them to be more compromising . The old expression “ you get more flies with
honey than with vinegar ” has never been truer than when dealing directly with people . By acknowledging and appreciating what your opposition is experiencing , you help build a relationship of trust .
Your opening statement should be persuasive and begin by providing to the Mediator and all members of the opposing party a brief summary of who the parties are , the issues involved , and what is at stake . Often the Mediator doesn ’ t get much information beforehand to help formulate a strategy to create a path to move forward . Present all the facts and key arguments so everyone understands the strengths and weakness of the dispute . This is not the time to hold back information to be used as your “ trump ” card . A surprise rarely helps to move along the mediation . It only builds mistrust and diminishes the ability to resolve the dispute .
Often the opposing party , not their attorney , has tunnel vision and only sees the dispute from an emotional viewpoint . Stating the strengths and weaknesses of the dispute will possibly help create doubts and convince both sides that a compromise is necessary .
YourMediationopeningstatementshould calmlyandreasonablyimpressupon allpartiesthatadealcanbereached .
You will never convince the other side that they are wrong , but you can convince them that you are willing to find common ground and explore resolution opportunities .
Your mediation opening statement should calmly and reasonably impress upon all parties that a deal can be reached and that if the case does not settle , you are serious and would be a formidable force before a judge or jury .
So don ’ t pass up a great opportunity to provide a wellthought-out mediation opening statement . Keep it succinct , persuasive , and creditable . Have the opposing parties perceive you as sincere , objective , and willing to settle the dispute outside a courtroom . It can be a win / win resolution ! n
Author : John R . Mayhew – Mayhew Mediations
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