Figure 12.3 The Opening Statement

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.’