Consensus Mediation: Enterprising Dispute Resolution

Consensus Mediation: Enterprising Dispute Resolution                82 King Street Manchester M2 4WQ               Regent's Place 338 Euston Road London NW1 3BT

Mediation Checklist ...

 

7. Your party's opening statement

Your party will have the chance to make a statement at the beginning of the Mediation. Keep it brief - everyone has read the papers and this is not an adversarial hearing.

Introduce yourself, your client and anybody else in your party. Use first names rather than titles, e.g. this is 'John Browne', rather than this is 'Mr Browne'

Express your good faith and sincere desire to use the Mediation process to settle if at all possible (assuming it's true).

Briefly set out your case, why you hold that position, and explain why there are areas of disagreement with the other parties' positions. Avoid legal jargon or reading out a 'pleading'. You can use elements of the written statement if you like, and include 'soft' items that are of importance such as an apology or other items that a court could not consider.

Remember that this may be the first time that your client and the other party have seen each other for a long time - it is a powerful opportunity to dispel some of the "demonisation" that may have occurred.

Explain why contrary positions are held in good faith, and are not 'mere traversals'.

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Consensus Mediation Ltd
82 King Street
Manchester
M2 4WQ
Regent's Place
338 Euston Road
London NW1 3BT
Telephone: 0844 561 1763

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