Parties’ Opening Statements In Mediation

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

In this article, I would like to share with you the matters that would usually be included in the parties’ opening statements in mediation.

In mediation, the parties in dispute would be asked to give their respective opening statements after the opening statement of the mediator.

In making their opening statements, the parties would usually be asked by the mediator to:

ü   explain briefly and in their own words the disputes from their perspectives

ü   explain their reasons for participating in the mediation and their expectations from the mediation process

ü   explain their concerns and needs

ü   vent their emotions in a rational manner

ü   listen to the other party

After the parties have made their opening statements, their solicitors /legal representatives:

 

ü   may add their legal perspectives on the issues raised by their clients;

ü   should avoid taking an adversarial approach and using legal jargons

ü   should assist their clients by explaining the legal content of the dispute

 

During the delivery of the opening statements by the parties, mediator:

ü   should keep the talking time between the parties concise and balanced

ü   exercise active listening skills

ü   maintain eye contact

ü   note down the key issues raised by each party so as to understand their views, concerns and issues in disputes, and common grounds

 

For further information on mediation, please contact Ms. Natalia Cheung [(852)-6777 5767 or  E-mail: natalia@plaw.hk]

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., Hong Kong Solicitors & Notaries & Civil Celebrants of Marriages