Because many mediators are engaged on the basis of their substantive knowledge in, or
familiarity with, a particular field and deal with the same attorneys and factual scenarios, their
mediations may become mechanical. This presentation will explore methods for conveying
interest in the process and the disputants’ well-being and enthusiasm to participants, focus on
the importance of opening statements for providing not only a procedural description but to
address anticipated questions from the ignorant disputant and hostility from the unreasonable
disputant, and ways to better engage the parties in the process through data collection.