The Mediator's Opening Statement: A Detailed Analysis

The essay provides a detailed overview of a mediator's opening statement, emphasizing its importance in setting the stage for successful dispute resolution. It covers essential elements such as introductions, explaining the mediation agreement, ensuring neutrality, addressing time limitations, and outlining the purpose of mediation. The statement also explains the principles of the mediation process, including voluntariness, flexibility, and confidentiality, as well as the role of the mediator as a neutral facilitator. Furthermore, it describes the stages of the mediation process, including joint and private sessions, and addresses potential outcomes such as reaching an agreement or seeking alternative dispute resolution methods. The essay concludes with a request for opening statements from the parties involved to establish a common ground for discussion. Desklib offers similar solved assignments and study resources for students.

Running Head: MEDIATOR OPENING STATEMENT 1
MEDIATOR OPENING STATEMENT
Student’s name
University affiliation

Mediator Opening Statement 2
Hello, Good Morning/Afternoon. Welcome to my office, kindly come in and have a seat.
I’ll go ahead and introduce myself. I go by the name (insert name), but you can just refer to me
as (insert preference). Welcome to your mediation. Please tell me your name and how you prefer
to be addressed? (McCorkle & Reese, 2014).
(Hand over paperwork to parties present). Kindly go through the mediation agreement
and other relevant paper work I have handed you and please sign, unless you are not okay with
anything indicated inside. The paperwork, also referred to as an Agreement to Mediate
incorporates everything in my opening statement that I am going to share with you. Also
indicated therein are the charges that will be paid after every session, be it a single session or
multiple sessions.
As your mediator I must inform you that I have no interests on either sides. I am here
willingly to act as a neutral mind ensuring that the solutions arrived at by the end of the session
would be as a result of joint efforts between you, the involved parties (Dubler & Liebman ,
2011).
Is there anyone who has any limitations in terms of time like picking up children,
hearings, appointments? (This should be a concern, and if yes, be polite and keep time so as not
to cause any inconveniences).
Okay, so the purpose of mediation is using a mediator, neutral to negotiate. In this case I
am your mediator. Mediation over the years has been fruitful since more than half of the cases
that go through a mediator are settled. The main reason why mediation is employed is to help
resolve matters if possible by finding a common ground between the parties involved (Mackie &
Mackie , 2013).

Mediator Opening Statement 3
I will go ahead and explain to you the principles of process involved in mediation. First
you need to understand that this is a voluntary process and anyone may leave if at all you feel
your needs are not being met. Though, you need to consult with me first, if you wish, because as
the neutral I may have some viewpoints that would help you make informed decisions.
Flexibility is your right and as a mediator I am bound to be able to act according to your
needs. This means that you can raise suggestions on the time lines you wish for us to conduct
these sessions. Feel free to question the mediation process so that we opt for available
alternatives (Boulle & Alexander, 2012).
All that is discussed in our mediation I will keep confidential. I also ask you not to share
anything discussed in this room with anyone. This is a major principle and I request that it be
adhered to.
As you will see a mediator is like a facilitator, and is subject to neutrality. I need to prove
this to you and I will ask if any of you know me. First of all I don’t recognize any one of you. As
I mentioned earlier I don’t have any interests in the discussions we are about to have. I cannot
make any decisions because I don’t have the power and so my only work would be to see you
through your negotiations (Murray, 2011).
I also need to know if you have the ability to make decisions for yourselves and conduct
negotiations in good-faith, even if it means ending our discussions, or if at all an agreement is
reached will you be able to sign it?
I need to mention that no specialized advice be it financial or legal will be coming from
me at any time in our sessions. Such advice can only be sought from professionals in their
respective fields as indicated in the Agreement to Mediate. You signing the agreement means
that I will not be a suitable member to give such advice.

Mediator Opening Statement 4
The stages in our mediation process will be divided into two parts: joint sessions and
private sessions. Right now we are in a joint session and will be together until we hear
everyone’s opening statement. Staying in a joint session is allowed after hearing opening
statements unless you or I feel that we need private sessions, rather caucus (Roberts , 2013). A
caucus can be called during the sessions by either party, I will then meet the other party after the
session and will withhold any information discussed at that time if so wished by either party.
In case an agreement is reached then it will be noted down, then signed by you and then I
will make copies for each one to carry for their own safekeeping. Alternatives can be sought in
case of partial or no agreement (that is, arbitration or further mediation) but I hope we get the
opportunity to go through all possible outcomes.
That would be the end of my opening statement and I thank you for listening. Are there
any comments or questions?
(Turning to a specific party) I would like you to give us your opening statement before
we hear the next one. It is important we hear all opening statements so that we all start from a
common ground as I take down my notes. Please go ahead.

Mediator Opening Statement 5
References
Boulle, L., & Alexander, M. N. (2012). Mediation: Skills and Techniques. New York: LexisNexis
Butterworths.
Dubler , N. N., & Liebman , C. B. (2011). Bioethics Mediation: A Guide to Shaping Shared Solutions,
Revised and Expanded Edition. Tennessee: Vanderbilt University Press.
Mackie, K. J., & Mackie , K. (2013). A Handbook of Dispute Resolution: ADR in Action. Abingdon:
Routledge.
McCorkle, S., & Reese, M. J. (2014). Mediation Theory and Practice. California : SAGE Publications.
Murray, R. (2011). The Mediation Handbook. Collorado: Bradford Publishing Company.
Roberts , M. (2013). A-Z of Mediation. London: Macmillan International Higher Education.