Written by litigator and mediator
Irvin Schein and originally published at
irvinschein.com.
Recently I published a blog post in which I reflected on lack of
preparation on the part of parties and their counsel as a serious
impediment to settlement at mediation.
Another serious impediment, and one which frequently arises at
the very start of a mediation, involves opening statements.
In the classic mediation scenario, the parties and their counsel
will begin the mediation by convening in a meeting room with a
mediator. The mediator will begin the session by introducing
himself/herself. He/she may ask the others in the room to introduce
themselves as well. He/she may make a brief statement about why
settlement is a good thing and going to court is a bad thing. And
then he/she may ask counsel on each side to make an opening
statement, an opportunity which most counsel simply use to
reiterate what they've already written in their mediation
briefs filed in advance
