2. Initial joint meeting and the mediator’s opening statement

2. Initial joint meeting and the mediator’s opening statement 

The parties will usually then meet together with the mediator in a joint meeting. 

After the parties are seated in the mediation room, the mediator will usually begin by making an opening statement. The purpose of the mediator’s opening statement is to help the parties understand the mediation process, what will happen during the day, and their own role in the process. It also gives the parties an opportunity to ask questions about how the mediation will operate. 

At this meeting, the mediator will usually make an opening statement to explain the mediation process and help the parties understand what will happen during the day. The mediator’s opening statement will normally cover the following matters:  

1. introducing himself and welcoming the parties; 
2. asking all persons attending to state their names and roles, so that everyone is clear who is present and in what capacity; 
3. confirming, where appropriate, that the parties or their representatives have authority to settle the dispute, or that any necessary decision-maker is available; 
4. explaining the purpose of mediation, including that it is a voluntary and confidential process designed to help the parties communicate, explore settlement options and, if possible, reach their own agreement; 
5. explaining the mediator’s role as a neutral and impartial facilitator, and making clear that the mediator will not decide the dispute or impose a result; 
6. confirming that the mediator is independent and impartial; 
7. disclosing any connection or possible conflict of interest with any party, if such a matter exists, and asking whether the parties consent to the mediation continuing; 
8. explaining that mediation is conducted on a “without prejudice” basis, subject to exceptions provided by law; 
9. explaining the ground rules for communication, including respectful listening, allowing each party to speak, and avoiding interruptions; 
10. explaining the expected structure of the mediation day, including: 

• the mediator’s opening statement; 
• the parties’ opening statements; 
• setting the agenda; 
• discussing the issues on the agenda; 
• private or individual sessions; 
• any further or final joint sessions; and 
• recording any settlement in writing; 

11. explaining the use of private meetings, including that information disclosed in a private meeting will not be passed to the other side by the mediator unless permission is given; 
12. checking the parties’ availability and whether they are willing to continue beyond any preset finishing time if useful; 
13. asking whether the parties are committed to participating actively and constructively in the mediation; and 

14. inviting the parties to ask questions about the process before proceeding.