Amanda Weiner Mediation Spring 2012 Second Assignment Opening Statement Good afternoon, my name is Amanda Weiner and

I am the mediator today. I am a certified mediator and have been trained to hear disputes such as the one before us today. My purpose here today is to act as the mediator in this case and to assist you in the resolution of the dispute that brings us to this table. In case you all have not already met, Id like each of you to introduce yourselves so we are all acquainted with one another. Also, please let everyone known whom you represent, if anyone. You may call me Amanda Are you also comfortable using first names? Mr./Mrs. ___________, you initially approached me about conducting a mediation. We spoke briefly on the phone, and I then sent you some written information, outlining what you can expect in a mediation session and asking you to verify that you willingly accept the opportunity to participate. Mr./Mrs. _________ (other party), I sent the same materials to you as well. I have signed agreements to participate in this process from each of you. If you recall, you have agree the fee for this session will be paid immediately at the conclusion of this session, or if we have multiple session, at the end of each session. Does everyone still agree to this? I would also like to check with you on time. We originally agreed to meet today for up to four hours. Can you all still commit to that? Does anyone have any other time constraints? I think we have everyone here that we need Now in the event that we do reach in agreement, does everyone present have the authority to settle and commit to an agreement today if it meets your needs? Now, Id like to commend you both for making the decision to come to mediation yourselves. This is an excellent start. Mediation is a great way to deal with your issues, and hopefully resolve them, without having to go through the difficult process of litigation. More importantly, mediation allows each of you to have the freedom to express your concerns in a way that is most comfortable to you, and gives you a structured opportunity to create your own solutions and make your own decisions. I want to remind you that this is not a court of law or a legal proceeding. Therefore, we are not bound by the formal rules of evidence and other strict court rules. Should you desire at a later time, to pursue this matter in a court of law or an administrative system, this proceeding will in no way delay or interfere with your right to do so.

I will not willingly testify for or against either of you in an administrative or court proceeding regarding the information unique to this conference. This is a voluntary process, and therefore, if you feel at any time that this process is not meeting your needs, you may leave at any time. If you think that you may want to leave, I ask that you confer with me prior to doing so. Let me begin by stating that I am not acquainted with the parties involved in this dispute. I do not know any of you, and I believe none of you know me as well. (Note to self: confirm this before continuing, otherwise I am not a neutral mediator!). I am not here to represent either side, any particular position; I have no connection to this case. I am a neutral and impartial party in this mediation. There is no need to try to persuade me about the merits of your case; I am not a judge or decision-maker, and will not take sides during this process. My goal is to facilitate communication between each of you with the hopes that effective communication will enable you to reach an acceptable settlement of this matter. It is very common that people in dispute have great difficulty properly communicating with one another, and/or have strong emotions, creating a struggle to resolve the problem. My role in this mediation is to ask question and guide in your own decision-making. I have no power to impose a decision on you or to decide how this matter should be settled. This is where mediation differs from other forms of dispute resolution...you are still empowered with the ability to design a settlement that meets your needs, and addresses your interests. If at any stage you feel a lack of impartiality, please let me know. As you know from the materials I sent you, I am family law attorney and have been practicing law for five years. In my work experience, I have represented both husbands and wives. I am also a trained, certified mediator and have been mediating divorce matters for the past three years. While every situation is unique, I have considerable experience in working through the kinds of problems we will be discussing today. Are there any questions so far? Before we begin, let me explain the procedure we will use and what will happen in this mediation process. When I complete these preliminary statements, each of you will have the opportunity explain to me what your main concerns are today, and describe the problem as you see it. This need only be a brief overview, as there will be time later to go into detail. Since each of you will get your turn to speak, I ask that you refrain from interrupting the other while he/she is speaking and making any side comments. It is customary for the party that brought the matter to our attention to begin first, therefore, Mr./Ms. ___________ I will ask you to begin. When you have completed your opening remarks, I will ask Mr./Ms.___________ to make an uninterrupted

opening statement. After you have each made a statement I will summarize it back to you so we all have a clear understanding of the matters in respect of which there already is agreement and what matters still require decisions. I will then write these issues down for all of us to visibly see and we can use it as an agenda for the discussion. We will then transition into a joint discussion centering on possible solutions, I ask that each of you be thinking of how you might like to resolve this matter. We will work through all the issues that I have written down, looking at options for dealing with them, and making as many decisions as we can. At some point during our session, I will meet with each of you separately. This is called a caucus, and is common, routine part of the mediation process. I will use the caucus to help me clarify in my mind some concerns I may have as we talk, and to be of more assistance in helping you resolve your dispute. This gives me an opportunity to see how the mediation is going for each of you, gives you the opportunity to raise matters that have not come up when we met as a group, and it allows the other party to have a break and think about settlement options. I may use the caucus any number of times, and the length of each caucus should not be of concern to either of you. The information you share during the caucus is also confidential and will not be shared during open discussion unless you specifically give consent to such disclosure. I typically hold these separate sessions when we have already worked through most of the issues, but you are free to ask for one earlier if you have the need. Are there any questions? Of course this is a flexible process and anyone can ask for an adjournment at any reasonable time. Now in my experience, mediation works best where we all observe some basic guidelines. It helps if we all speak one at a time, and even where emotions run high it is useful if no one denigrates the other. As you know this is a non-smoking facility, and I think it is also best that we all refrain from any cell phone/other electronic use. Please turn your phones off, or on silent, so there are no interruptions. In the event of an emergency, you may excuse yourself and return when you are comfortable. Also, restrooms are located outside the door, to your right. You may help yourself to the drinks and snacks on the table in front of you. There is one final matter I would like to address before we begin. Confidentiality is a critical part of the mediation process. In so far as the law allows, I will keep everything I hear confidential and I will not disclose anything said here today. I request that you keep what is discussed confidential as well. Generally, if you tell me something in private and ask me to keep it confidential, I am bound by law not to disclose this information voluntarily. There are some

obvious exceptions to this rule, but I do not expect them to arise during our mediation. For example, if you confess to the commission of a criminal offense, or to an act of fraud, waste, or abuse, or that you plan to commit a violent physical act, I may be obligated to share this information with appropriate authorities In our session today, you will see me take some brief written notes, but I assure you these notes will be destroyed after the mediation and cannot be accessed by either of you. Mediation confidentiality also means that if this matter goes to court, which we hope it will not, then neither of you can present evidence about what the other said during the mediation or produce documents that the other created for the mediation. Having said that, I want you to please remember that facts that were discoverable before the mediation session do not become confidential merely because they were presented during a mediation conference. It is only those things you say or write in confidence to me during the mediation that I will not disclose, unless one of exceptions I discussed above applies. This means that both the mediation agreement and the resulting settlement agreement, if any, are not confidential. Does everyone understand these basic principles? If and when you reach agreement, settling some or all issues, it will be written, and each of you will be asked to verify and sign it. I will also sign it as a witness. Each of you will be provided with a copy of the agreement today. Appropriate authorization may be required for the agreement to become binding and if so, we will note that in the agreement. Although we may verbally discuss various solutions and potential agreements here today, any agreements will not be binding unless and until they have been reduced to writing and signed by both of you. Is that understood? At this time please make sure you have turned off all cell phones and electronic devices. Let me once again congratulate you for being here today to try to work this out. Your presence here today demonstrates your willingness to attempt cooperative problem-solving. Are there any questions before we start? If not, lets proceed with Mr./Ms._________s opening statement.