ABSTRACT
The actual mediation can consume as little as a few hours in simple disputes or in complex matters can take place over many sessions and consume a lengthy period of time. In court proceedings, the adversarial process places great emphasis on creating stress in the parties. It is this last portion that the mediator should have stressed in early communications, i.e. that what is expected in the opening statements is a review of the facts and an analysis by each side of what they can either give up or do to assist compromise. A checklist of what should be in an opening statement is as follows: Once the opening statements/presentations are prepared and given, invariably the issue of questions will arise. The mediator's notebook should have a general checklist to tick off which will ensure that the process will get off to a good start.
