Mediator\'s opening statement PDF

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mediator's opening statement...

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Good morning/afternoon, my name is Carmen, your Mediator for today. Welcome to your mediation session. Bear in mind that this is not a court, we are here to resolve the issues between the two of you and reach an agreement. I can see that both parties have a lawyer present, therefore I will have to remind the parties that only the lawyer can talk during the mediation, the parties may speak when asked to do so. I am here to provide you with assistance within the negotiation process as I have no prior relationship with any of you and I am impartial to the outcome of your dispute. There will be ground rules in the process: firstly, no one talks over each other, when one party speaks, the other party listens; secondly, both parties must respect the process and my role as a mediator. Other details should have been discussed in your signed Agreement to Mediate that the lawyers showed you. Also, this process is completely voluntary, you may withdraw at any stage of the process if you wish. This mediation will be confidential as all the documents that will have been received and all the discussion we will have during the process are protected by the law and the public will have no access to them. Please ensure that each party has signed a confidentiality agreement; if not, you may do so now. I am sure both parties have some understandings about this mediation. I am going to walk you through the key steps of the process and let you know what will happen in this mediation:  Each party will have some time to present their opening statement and explain to the other party about what they want and why they want it.  After your statements, I will summaries your positions and interests in order to find your common ground.  We will work out an agenda after that and I will assist you to resolve your issues based upon your interests.  After we have our agenda, I will also provide you with possible options for you to consider or help you with further discussion and negotiation.  If you wish to speak to me privately, I will happily to hold a private caucus and speak to you at a separate meeting.  Finally, we will reach an agreement and all the decisions will be recorded. If you wish to form a binding contract to enforce the agreement, you may discuss this with your lawyer. After the agreement has reached, I will present my closing statement at the termination of the mediation. As this process is lengthy, I will expect each party to devote enough time for today’s session. Please confirm that you have got at least four-hour time to engage in this mediation. Also, please confirm that you have the authority to make final decision without other’s consent whom is not present today. If you have any questions, you may ask me now. Thank you for your attention of my opening statement. You may start your opening statement....