Figure 12.3 The Opening Statement

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1. Introduction

  • Introduce yourself
  • Introduce parties
  • Clarify how everyone would like to be addressed
  • Thank everyone for attending
  • Check parties have authority to settle, that everyone capable of influencing the outcome is in the room
  • Check everyone has signed the agreement to mediate

2. Ground rules

  • Aim: to reach an agreement that is satisfactory to all
  • Confidentiality: everything is confidential; ask parties to keep it so. Nothing must leave the room without the parties' express permission.
  • For parties to come up with agreement
  • Discussions will be non-binding until reach agreement
  • Without prejudice in the event no agreement is reached
  • Voluntary: door is always open
  • Any questions?

3. Clarify your role as a mediator

  • Not a judge and will not impose a judgment
  • Will reality-check offers
  • May need to play devil’s advocate and ask difficult questions to help your understanding
  • Will guide discussion

4. Outline structure

  • This is the opening statement
  • Soon will invite both parties to present their position statements
  • Avoid interruption
  • There will follow private individual meetings
  • Those meetings are confidential
  • When agreement is reached, it will be formalised at a joint closing session, put in writing, and signed
  • Everyone will take a copy

5. Position statements

  • Invite position statements from both parties
  • ‘It is a general principle that whoever is bringing the claim speaks first, and on that basis I would like to invite Party 2 to present your understanding of the case first.’
  • Avoid interruption

6. Closing

  • Thank parties for their position statements
  • Remind that aim is to reach agreement
  • Questions?
  • Confidentiality reminder
  • ‘You may remember Party 2 gave their position statement first. In the interests of fairness, with your agreement, I’d like to invite Party 1 to the first individual session with me now.’

Summary

    1. Introduction

  • Introduce yourself
  • Introduce parties
  • Clarify how everyone would like to be addressed
  • Thank everyone for attending
  • Check parties have authority to settle, that everyone capable of influencing the outcome is in the room
  • Check everyone has signed the agreement to mediate

  • 2. Ground rules

  • Aim: to reach an agreement that is satisfactory to all
  • Confidentiality: everything is confidential; ask parties to keep it so. Nothing must leave the room without the parties' express permission.
  • For parties to come up with agreement
  • Discussions will be non-binding until reach agreement
  • Without prejudice in the event no agreement is reached
  • Voluntary: door is always open
  • Any questions?

  • 3. Clarify your role as a mediator

  • Not a judge and will not impose a judgment
  • Will reality-check offers
  • May need to play devil’s advocate and ask difficult questions to help your understanding
  • Will guide discussion

  • 4. Outline structure

  • This is the opening statement
  • Soon will invite both parties to present their position statements
  • Avoid interruption
  • There will follow private individual meetings
  • Those meetings are confidential
  • When agreement is reached, it will be formalised at a joint closing session, put in writing, and signed
  • Everyone will take a copy

  • 5. Position statements

  • Invite position statements from both parties
  • ‘It is a general principle that whoever is bringing the claim speaks first, and on that basis I would like to invite Party 2 to present your understanding of the case first.’
  • Avoid interruption

  • 6. Closing

  • Thank parties for their position statements
  • Remind that aim is to reach agreement
  • Questions?
  • Confidentiality reminder
  • ‘You may remember Party 2 gave their position statement first. In the interests of fairness, with your agreement, I’d like to invite Party 1 to the first individual session with me now.’
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