OPEN OPEN OPEN!
Do not let a mediation begin without taking an opportunity to address the other party. Do not let a mediation begin without taking the wind out of the other party’s sails by acknowledging some weakness in your case. Do not let a mediation begin without the other party seeing that you are not an animal but rather a human being. Do not let a mediation begin without the other party hearing what you intend to present at trial. Do not let a mediation begin without offering opening remarks on behalf of your client.
Your opening remarks are your best chance to chisel away at the other party’s confidence in their case. To open or not to open is simply not a question worth asking.
