• Opening Sessions and Other Oddities
  • November 1, 2018 | Author: David W. Henry
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Orlando Office
  • A subject of great debate in mediation is the value of opening statements. The arguments against opening statements in some jurisdictions principally echo the belief that, 1) joint session is unnecessary because the parties already know most of the facts and issues, and 2) one side or the other may be hostile or argumentative and, therefore, dispensing with opening statement and keeping the parties separate tempers the anticipated hostility. These arguments are premised on a few assumptions that do not stand up to close scrutiny.