Mediator's Opening Statement - Essay Example

Throughout these proceedings any reference to the party against whom the claim is made will be identified as the respondent. My job as your mediator is to help you settle or resolve the dispute between you. I will not be deciding the outcome for you since my role as a mediator is to help you come to an agreement voluntarily. We will be convening based on an established schedule and when necessary to move this process along. With my help, you will identify your own interests and alternatives for the resolution of the dispute between you so that we can ultimately negotiate and execute an agreement that is acceptable to both sides and to which you will be bound once you agree to it.

Therefore, unlike judges and arbitrators, I will not be deciding the outcome of this complaint. You as the parties to this process will decide the outcome. I will play a facilitative role in these proceedings. In my capacity as a facilitative mediator, my job is to understand and respect party autonomy. In this regard, my role is to preside over these meetings and to allow you to discuss and air your differences in a meaningful and productive way. I will not make recommendations nor will I provide an opinion as to what I think the court might do in a similar situation or if it was seized of the matter.

That is not my job as a facilitative mediator. My job is guide you via questions and comments that may help you to find common ground for arriving at a mutually agreeable conclusion on your own and without my input as to what would be a viable solution. It is also important to remind you, that throughout these proceedings, I will remain neutral in that I do not take one side over the other. I also want to assure you that this meeting is private and confidential and will remain so throughout these proceedings and after the matter is concluded.

There are several reasons for ensuring privacy and confidentiality. First and most importantly, I do not want you to feel inhibited by the prospect of these discussions becoming a matter of public record. This might prevent full and frank disclosure which we need to ensure that this matter is resolved between you voluntarily. Secondly, privacy and confidentially ensures that my neutrality will not come into question if this matter is unresolved and you take it to court. If that happens, I might be called to testify for one party over the other and that would leave the appearance of bias.

Thirdly, confidentially and privacy builds trust between you and me. Confidentiality and privacy however, can be waived, but only if the parties agree to it being waived. Another exception would be in rare circumstances where I might be compelled to testify in criminal proceedings or to give evidence in the investigation of criminal offences. The proceedings will be organized around joint and caucus sessions. Joint sessions are self-explanatory. Caucus sessions will be sessions in which I will meet with each of you separately to gain a prospective on your arguments, issues and interests.

I am no way forming an opinion on your arguments, issues or interests, but merely seeking to identify them so that I can be more informed as to what and where you are going in joint discussions so that that I can guide you toward productive discussions that are aimed at guiding you toward a voluntary conclusion of the matter. Therefore, I do not want either or you to read