There are many important aspects to a successful mediation, from preparing your client’s expectations to knowing the relevant and important facts of the case. There are many different aspects that facilitate an effective mediation. However, perhaps the most important part of a mediation is the opening session, where the plaintiffs and defendants meet jointly with the mediator. The opening session can set the tone for the day either in a positive or negative fashion. An informative and productive opening session can set the groundwork for both the lawyers and the mediators to have a productive day resulting in the resolution of the case. On the other hand, an ineffective or contentious opening session can essentially end any hopes of settling the case before the mediation ever begins. While there are many different styles and strategies in an opening session, several patterns have evolved over the course of years in analyzing and evaluating successful mediations.

Many lawyers proclaim that they do not need to present any information nor say anything in the opening session and that the other side should be familiar with their case. Typically, this is not an effective strategy. Whether someone is on the plaintiff’s side or defense side of a case, it is extremely beneficial for the opposing party, their lawyer and any other representatives to hear from opposing counsel. Making a thoughtful and well-founded opening statement will convey that the lawyer is prepared, confident, knows the facts of the case and can effectively communicate the strengths of the case and point out weaknesses of the opposing party’s case. Simply choosing to do nothing does not allow the other side to gain any insight into the strengths and weaknesses of the case, assess the effectiveness and competence of the lawyer or gain any meaningful insight into the merits of the case.