
Nancy Neal Yeend
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?