The Mediator’s Opening Statement at a Joint Session

July 5, 2023

At the beginning of a joint session, the mediator will begin with an opening statement to frame the upcoming mediation.

Typically, a mediator’s opening statements will include the following things:

• An introduction of all parties in the room engaging in the mediation.
• An introduction by the mediator of themselves to provide the parties with context on their background and promote credibility.
• A statement to describe their role as a neutral facilitator in the process of mediation, differentiating themselves from the typical courtroom judge.
• A note on the confidentiality requirement of mediation.
• An overview of the forthcoming mediation process to clarify the procedures and timeline for all parties (such as upcoming joint sessions or private caucuses).
• An overview of common practices during the mediation including information gathering, option exploration, and testing of alternatives to find a flexible resolution.
• Motivating all parties to honestly self-disclose their goals and position to the others and the mediator.
• Suggested ground rules for the joint session including keeping an open mind, letting each party speak, continuous good faith efforts and cooperation, and productive communication to actively search to find common ground.
• A reminder of the overarching goals of mediation: finding a mutually beneficial solution for both parties through self-determination.
• An encouraging statement on the statistics of mediation, the savings in time and cost, and the likelihood of a win/win settlement.
• Taking time to ask the parties if they have any questions.

The mediator’s initial statements at a joint session helps ensure all parties have a clear understanding of the approaching session as it outlines the structure, procedures, guidelines, and goals for the mediation.

To read how Castaybert PLLC can assist you with mediation, click here.