The Second Secret: Make your opening statement like you would at trial.
You might hear many different opinions on opening statements in mediation, but we feel that they are important to set the tone for both sides. We do not recommend waiving your opening statement.
Some trial lawyers will say that they don’t want to do opening statements, in order to try to keep the mediation more informal. We believe you should always make one. Maybe make it a little bit shorter, but let the other side see exactly what they would see if you were walking into court. Why?
Think of how many cases settle right after opening statements. What happens?
The other side realizes, wait a minute, this case might not be what we thought it was. The other side’s case might be a little bit stronger, and–the best part–it shows them that you are ready for trial, even when you are in mediation.
There is nothing that will motivate the other side to settle on better terms for you than letting them know that you are ready to try this case.
So start with your best facts, your best evidence. However you would present it to a jury–start with that, and show them. Use photos where appropriate, and your mediation results will improve. If you have any more questions or are looking for mediation services, then schedule a time to talk with us: https://www.btmediation.com/global-mediation-services/
We look forward to seeing you in Part Three!