I have blogged time and time again about how crucial the parties’ opening remarks are at mediation. For your sake I will not get back on that soapbox. But a recent blog from Lee Jay Bermanhas thankfully allowed me to step onto a different soapbox – after all I like it up here!
The opening remarks of the mediator – yes, those. I know, they are the same old schpeel each and every time and they send you scrambling to your newspaper to find something entertaining rather than being forced to endure the mundane yet again. Well, think again. The American Institute of Mediation recently republished Lee Jay Berman’s article Neutrals Reveal Tips With Their Opening Statements which was featured in Mediate.com in April 2009 and originally published on January 19, 2004 in the Daily Journal. It reminds all of us, litigators and mediators alike, that the opening remarks of the neutral allow the parties some insight into the demeanor and personality of the neutral. There can be much to learn during those opening remarks which can be to your advantage. So, listen up. Look for clues and tips. You may learn something that will help you and, most importantly, your client and your case.