Learn How to Prepare Stronger Mediation Statements
The mediation statement is one of the most important parts of mediation. In fact, the stronger your statement, the more likely it is that you will encounter a successful outcome. When you craft strong mediation statements, you set the tone for what is to come. The statement also educates the mediator about your situation and establishes your credibility with the mediator. Far too often, many people overlook how important mediation statements are and the role they play in the outcome of mediation.
The Purpose of Mediation Statements
The purpose of what is a mediation statement is as follows:
- Inform the mediator of the main facts of the dispute
- Clearly explain the issues in the dispute
- Identify the legal authorities that support your position
- Set forth your settlement position
- Establish your credibility
Writing a Strong Statement
When the time comes to sit down and write your mediation opening statement, you need to consider the entire case that has brought you to this point. Why are you going to mediation? What went wrong? Did the other party of a contract not follow what was agreed upon? Are you using mediation to resolve a marital dispute or for divorce? It doesn’t matter your situation – you need to take a long look at how you got to mediation in order to write an effective statement.
Outline the Facts
Begin by outlining the facts of your case. What are the duties for each party as defined by the contract? What actions caused the breach of contract? Review the details of the breach concisely and avoid repeating the same information. Remove excess words and keep the statement as brief and to the point as possible.
Discuss Applicable Laws
The mediation statement should also have a discussion of the laws that apply to your situation. Keep this brief and only mention a few laws that apply. You are not trying to win a legal case when going to mediation. A more in-depth discussion of the law is best left for trial.
Be Mindful of Your Tone
You need to keep an eye on your tone when writing a mediation opening statement because it will come across as demeaning or accusatorial when read. There is a difference between being persuasive in your tone and demeaning the other party. This is also true for accusing the other party of committing a crime or trying to get one over on you. Take a more professional tone when writing a mediation statement.
Edit, Edit, Edit
Be sure to edit your statement often. Your first draft should never be the one you read at mediation. There could be mistakes that cause you to present incorrect information or trip over your words.
Need to Write a Mediation Statement? Contact an Experienced Mediator
Do you need to write a strong mediation statement? If so, you should do so with the help of an experienced mediator. Call the office of Shapiro Mediation at (339) 298-7733 or (954) 827-9843 to schedule a consultation. Our mediation team can help you build your case, make sure your statement includes all of the pertinent case information, is persuasive, and does not demean the other party.