Nancy Neal Yeend
Nancy Neal Yeend is a dispute management strategist and mediator. As a strategist she designs programs to reduce business related conflict. She founded The End Strategy (TES) in Portland, Oregon, and has mediated pre-suit, trial and appellate cases for over 35 years. Nancy has designed court-connected mediation programs, and is starting her 26th year as faculty at the National Judicial College.
Articles by Nancy Neal Yeend
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Can opening statements for mediation be skipped? Tips for attorneys and mediators
Tuesday, February 25, 2020There has been a lot written recently about how to start a mediation: with or without opening remarks by the participants, and with or without an opening statement by the mediator. Some feel that if the parties and/or their counsel give an opening, the mediation will just go downhill. Others feel a mediator's opening is not necessary, because "We've heard it all before!" Then there is also the reason that some mediators feel uncomfortable or are unable to handle emotional participants. These are fascinating reasons for skipping openings; however, could it be that they are just excuses that may not stand up to closer scrutiny?