As each mediation is different, Sarah mediators should tailor opening sessions to the nature of the dispute and the character of the parties, to ensure they are productive and not destructive to the process, Toronto lawyer Richard Worsfold writes in Lawyers Weekly.
Too often, says Worsfold, partner with Basman Smith LLP, parties have been hurt and offended by opposing counsel’s opening statement which has resulted in many mediators choosing to avoid opening statements altogether. A recent survey conducted by the International Institute for Conflict Prevention and Resolution (IICPR) noted the trend away from opening statements, but also said that they can be very useful, he writes.
View the post on Advocate Daily and the full article on Lawyer's Weekly
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