The Importance of the Mediation Opening Statement


Mediation allows for you to resolve your case outside of court and has been used to help numerous parties to contract disputes in Fort Smith reach agreement without frustration or added expenses. Knowing how to approach the process with an open mind, however, can help set you up for success and increase the chances that you will resolve your conflict effectively.

In mediation, you and the other party will make an opening statement that outlines the basics of your side of the case. It’s important to draft this out in advance and even practice speaking it so that you are confident of the day of the first meeting. One of the biggest mistakes that people make in contract mediation is in taking a very aggressive stance in the opening statement.

Mediation is not guided by a desire to further the conflict, and making your opening statement too aggressive can set the wrong tone for the rest of your discussions. It’s not a good idea to approach this as your opportunity to air all the dirty laundry of the case with anger motivating your comments. Ultimately, this will not help you get where you need to go and it can also make the other party more frustrated and less likely to compromise with you.

Instead of worrying about how you can craft an opening statement that is aggressive, try to focus on creating a handful of key arguments or concerns and list evidence underneath them. Practice speaking your points out loud and have someone else listen to determine if it sounds too aggressive. In order to get the most out of contract mediation, you want to appear calm and collected. This helps to set a positive tone for the whole interaction, aiming for success.